Western Union Tel. Co. v. Rowell
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by W. H. Bowell against tbe Western Union Telegraph Company for failure to deliver a message. Plaintiff had judgment, and defendant appeals.
Read the full summary
Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by W. H. Bowell against tbe Western Union Telegraph Company for failure to deliver a message. Plaintiff had judgment, and defendant appeals. A statement of the pleadings and the facts in this case may be found in the former report of it in 153 Ala. 295, 45 South. 73. The assignments of error referred to in the opinion are as follows: (2) In overruling defendant’s objection to the following question asked plaintiff of the witness: “Did you nave any conversation with Mr. Mitchell about any telegram?” (3 and 4) Witness’…
1Opinion of the CourtEvans, J.
This action is predicted upon an alleged breach of a contract whereby the defendant undertook, for a reward, to transmit and deliver a telegraphic message sent to the plaintiff by his agent. The plaintiff obtained a verdict and judgment, on the trial in the lower court, for the sum of $1,500, and the defendant prosecutes, this appeal to reverse the judgment.
The first ground in the assignment of errors challenges the correctness of the court’s decision overruling- the defendant’s motion to strike from the complaint certain items of damages therein claimed. The refusal of the trial court to…
2Cases cited3 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Smith v. StateSupreme Court of Alabama · 1894
3Cited by7 opinions
- Watson v. AdamsSupreme Court of Alabama · 1914
- Hill v. StateSupreme Court of Alabama · 1915
- Travis v. HubbardSupreme Court of Alabama · 1958
- Age-Herald Pub. Co. v. WatermanSupreme Court of Alabama · 1919
- Wall v. LittleSupreme Court of Florida · 1931
2 more not listed; retrieve them via the Exa API.