Western Union Tel. Co. v. Emerson
Alabama Court of Appeals
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by Mrs. Evie Emerson and others against the Western Union Telegraph Company. Judgment for plaintiffs, and defendant appeals. As originally instituted the suit was by Mrs. Evie Emerson alone, and counted on a failure to deliver the following telegraphic messages, delivered to it at Colling, Ala., to be transmitted at Cotton Dale, Ala.: “Colling, Ala., March 8th, 1911 to M. C. Fitts Cotton Dale, Ala.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by Mrs. Evie Emerson and others against the Western Union Telegraph Company. Judgment for plaintiffs, and defendant appeals. As originally instituted the suit was by Mrs. Evie Emerson alone, and counted on a failure to deliver the following telegraphic messages, delivered to it at Colling, Ala., to be transmitted at Cotton Dale, Ala.: “Colling, Ala., March 8th, 1911 to M. C. Fitts Cotton Dale, Ala. Mrs. Slayton very low. You all come up tonight. D. P. Cannon, M. D.” It appears that later similar suits were filed by…
1Opinion of the CourtPelham, P. J.
At the time of the submission of this case a motion to dismiss the appeal was urgently pressed upon the court, on the ground, among others, that no copy of appellant’s brief had been served on counsel for appellee prior to or at the time of submission, as required under the rules of the court. —Code, p. 1509, rule 13 (175 Ala., 61 South, vii). Upon hearing the motion the court deemed the showing made by the appellant sufficient to authorize a submission of the case, and the motion to dismiss the appeal is overruled.(1) At this time it was earnestly insisted by appellee’s counsel, in the oral…
2Cases cited13 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Hodges v. WinstonSupreme Court of Alabama · 1891
- Brown v. FrenchSupreme Court of Alabama · 1909
- Dickens v. DickensSupreme Court of Alabama · 1911
- Western Union Telegraph Co. v. SeedSupreme Court of Alabama · 1896
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Vaughn v. StateAlabama Court of Appeals · 1919
- Christ v. SpizmanAlabama Court of Appeals · 1948
- W. T. Smith Lumber Co. v. McLainSupreme Court of Alabama · 1918
- Central of Georgia Ry. Co. v. BarnitzAlabama Court of Appeals · 1916
- Powell v. PateAlabama Court of Appeals · 1940
6 more not listed; retrieve them via the Exa API.