Western Union Telegraph Co. v. Young
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Charles A. Sisnn. This was an action brought bv- the appellee, S. A. Young, against the Western Union Telegraph Company to recover damages alleged to have been suffered by the plaintiff by reason of the alleged negligent failure of the defendant to transmit and deliver a telegraphic dispatch sent' or forwarded the plaintiff by his agent, F. M. Drennen, announcing the serious illness of the plaintifPs father.
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Appeal from the City Court of Birmingham. Tried before the Hon. Charles A. Sisnn. This was an action brought bv- the appellee, S. A. Young, against the Western Union Telegraph Company to recover damages alleged to have been suffered by the plaintiff by reason of the alleged negligent failure of the defendant to transmit and deliver a telegraphic dispatch sent' or forwarded the plaintiff by his agent, F. M. Drennen, announcing the serious illness of the plaintifPs father. The defendant pleaded the general issue and by special pleas 5 and 6, set up the fact that the telegram alleged to liaise…
1Opinion of the CourtTyson, J.
The complaint contains five counts. The first and second count on defendant’s failure to use proper diligence in delivering the telegraphic message; the third and fourth on defendant’s failure to use reasonable diligence in transmitting the message, and the fifth upon the wanton or intentional failure to transmit it. The contract for the transmission and delivery of the message was, it is averred in each of the counts, made with defendant by one Drennen as plaintiff’s agent.
A demurrer to each count of the complaint was interposed assigning a number of grounds, which was overruled. Only one of…
2Cases cited9 opinions
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- McGehee v. LindsaySupreme Court of Alabama · 1844
- Youngblood v. Birmingham Trust & Savings Co.Supreme Court of Alabama · 1891
- Mays v. WilliamsSupreme Court of Alabama · 1855
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3Cited by15 opinions
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Ellis v. BatsonSupreme Court of Alabama · 1912
- Marx v. LiningSupreme Court of Alabama · 1935
- Gill Printing Co. v. GoodmanSupreme Court of Alabama · 1932
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