Western Union Tel. Co. v. Krichbaum
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. This was an action on the case for failure to deliver a telegram addressed to appellee. The facts are sufficiently stated in the opinion. _ Charges 5 and 6 should have been given. Charge 5 asserts that plaintiff could not recover for mental anguish.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. This was an action on the case for failure to deliver a telegram addressed to appellee. The facts are sufficiently stated in the opinion. _ Charges 5 and 6 should have been given. Charge 5 asserts that plaintiff could not recover for mental anguish. Charge 6 asserts a similar proposition upon the hypothesis, that as plaintiff was not entitled to recover nominal damages, he could not recover for mental suffering. The action is in tort by the sendee of the message. A plaintiff is not entitled to nominal damages in an action…
1Opinion of the CourtMcCLELLAN, C. J.
The uncontroverted evidence was that the defendant kept a book in its Birmingham office for the patrons of that office to set down their particular addresses in it, so as to facilitate and insure the delivery of messages to them. It is further shown without conflict that plaintiff’s name and address were registered in this book at the time the telegram involved in this case was received at that office for delivery to him. That the telegram was delivered to the defandant at another of its offices by plaintiff’s agent, who for plaintiff paid the toll, for transmission to Birmingham and deliv*411ery…
Also in this document: Per curiam.
2Cited by8 opinions
- McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Western Union Telegraph Co. v. GarthrightSupreme Court of Alabama · 1907
- Western Union Telegraph v. BurnsSupreme Court of Alabama · 1910
- Birmingham Transfer & Traffic Co. v. StillAlabama Court of Appeals · 1913
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