Western Union Telegraph Co. v. Garthright
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Heard before Hon. S. L. Brewer. Action by Beulah Garthright against the Western Union Telegraph Company. From a judgment for plaintiff', defendant appeals. This is an action for failure to deliver a telegram alleged to have been contracted to be delivered by defendant for payment through her agent, T. A. Shannon. The necessary allegation as to the business of the defendant was made.
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Appeal from Autauga Circuit Court. Heard before Hon. S. L. Brewer. Action by Beulah Garthright against the Western Union Telegraph Company. From a judgment for plaintiff', defendant appeals. This is an action for failure to deliver a telegram alleged to have been contracted to be delivered by defendant for payment through her agent, T. A. Shannon. The necessary allegation as to the business of the defendant was made. The telegram was as follows; “To J. A. Norton, care E. H. Norton, Alapaha, Ga. Come at once. Jim very low. (Signed) T. A. Shannon.” It is averred that, at the time of the filing-…
1Opinion of the CourtAnderson, J.
Both counts of the complaint seek a recovery for a breach of the contract for the transmission of the message, and the complaint was not subject to the ground of demurrer proceeding upon the theory of a misjoinder. The first contains averments of a negligent failure to deliver the telegram, but this is merely descriptive of the mode in which the contract was broken. — W. U. Tel. Co. v. Crumpton, 138 Ala. 632, 36 South. 517.
The first count, as amended, avers that the contract for the transmission of the message was made with the plaintiff, through her agent, Shannon, and was not subject to the…
2Cases cited8 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Western Union Telegraph Co. v. CrumptonSupreme Court of Alabama · 1903
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- West. Union Telegraph Co. v. WilsonSupreme Court of Alabama · 1890
- Opelousas, G. & N. E. R. v. BradfordSupreme Court of Louisiana · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Morgan v. Whatley & WhatleySupreme Court of Alabama · 1920
- Louisville N. R. Co. v. ClarkSupreme Court of Alabama · 1920
- Western Union Telegraph Co. v. BarbourSupreme Court of Alabama · 1921
- Fitzpatrick v. Age-Herald Pub. Co.Supreme Court of Alabama · 1913
- Louisville N. R. Co. v. JamesSupreme Court of Alabama · 1920
8 more not listed; retrieve them via the Exa API.