Western Union Telegraph Co. v. Hill
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. A.' D. Sayre. Action by W. W. Hill against tbe Western Union Telegraph Company for delay in delivery of message. -Judgment for plaintiff and defendant appeals. Tbe form of tbe action is ex contractu and tbe damages claimed are based upon mental anguish.
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Appeal from Montgomery City Court. Heard before Hon. A.' D. Sayre. Action by W. W. Hill against tbe Western Union Telegraph Company for delay in delivery of message. -Judgment for plaintiff and defendant appeals. Tbe form of tbe action is ex contractu and tbe damages claimed are based upon mental anguish. This- character • of damages is not recoverable in the state of Georgia where the contract was made, and the rule lex loci contractu .governs. — JSvans v. Kittrell, 33 Ala. 452 ;MeDougald v. Rutherford, 31 Ala. 259; 2 Wharton Conflict of Laws, -471, f.; Harrison’s Case, 119 Ala. 544; 27 A. &…
1Opinion of the CourtMayfield, J.
This was an action by appellee against appellant to recover damages for failure to deliver within a reasonable time a telegram, and that, by reason of such failure on the part of the telegraph company, the plaintiff did not receive the message in time to reach Gainesville, in the state of Georgia, so as to be present with his wife and in time to prepare the body of their child for removal and interment, and claims as actual damages 10 cents paid to the defendant company for sending the message and for mental pain and anguish suffered by the plaintiff in consequence thereof. To this complaint…
2Cases cited16 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Falls v. United States Savings, Loan & Building Co.Supreme Court of Alabama · 1892
- Clardy v. WalkerSupreme Court of Alabama · 1901
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Montgomery City Lines, Inc. v. DavisSupreme Court of Alabama · 1954
- Board of Com'rs of Dona Ana County v. GardnerNew Mexico Supreme Court · 1953
- George's Restaurant v. DukesSupreme Court of Alabama · 1927
- Sanders v. StateSupreme Court of Alabama · 1943
- Western Union Tel. Co. v. FavishSupreme Court of Alabama · 1916
26 more not listed; retrieve them via the Exa API.