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. Rowell against the Western Union; Telegraph Company to recover for breach of contract to deliver a telegram. From a judgment for plaintiff, de-; fendant appeals.
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Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Action by W. H. Rowell against the Western Union; Telegraph Company to recover for breach of contract to deliver a telegram. From a judgment for plaintiff, de-; fendant appeals. As the character of the complaint is discussed in the. opinion, we set it out: “Count 1. Plaintiff claims of, the defendant corporation the sum of $1,999 damages, for-the breach of a contract, in that plaintiff, through; his agent, J. E. C'ameron, heretofore, on, towit, the 31st; day of December, 1903, at Notasulga, Ala., in the county, of Macon,…
1Opinion of the CourtDenson, J.
— The complaint in this case contains two counts, each of which claims: damages for mental pain and suffering on account of an alleged breach of a contract, between the plaintiff and the defendant, for the transmission by the latter, from Notasulga, Ala., to .the plaintiff at Montgomery, Ala., of a telegraphic message in the following language: “Notasulga, Ala., Dec. 31st, 1903. To TV. H. Rowell, Care of A. O. L..Railroad Shops, Montgomery, Ala. Come on next train your wife .is sick. J. E. Cameron.”
The averments of the complaint show that the plaintiff had arranged with Cameron to send the…
2Cases cited23 opinions
- Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Renihan v. WrightIndiana Supreme Court · 1890
- International Ocean Telegraph Co. v. SaundersSupreme Court of Florida · 1893
- Western Union Telegraph Co. v. BroescheTexas Supreme Court · 1889
18 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Treadwell Ford, Inc. v. LeekSupreme Court of Alabama · 1961
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Kerr Steamship Co. v. Radio Corp. of AmericaNew York Court of Appeals · 1927
- Russell v. BushSupreme Court of Alabama · 1916
38 more not listed; retrieve them via the Exa API.