Leland v. Western Union Telegraph Co.
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by R. M. Leland against tbe Western Union Telegraph Company for failure to promptly transmit a telegram. From a verdict for plaintiff for° the pric/J paid for the transmission of a telegram and the costs defendant appeals.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by R. M. Leland against tbe Western Union Telegraph Company for failure to promptly transmit a telegram. From a verdict for plaintiff for° the pric/J paid for the transmission of a telegram and the costs defendant appeals. The demurrers to the 3rd count of the complaint were not well taken. — L, & N. R. R. Go. v. Orr, 121 Ala. 489; Martin’s Case, 117 Ala. 367; Crocker’s Case, 95 Ala. 412; R. R. Co. v. Lee, 92 Ala. 262. Under the facts in this case, mental anguish was an element of recoverable damage. —W. U. Tel. Co.…
1Opinion of the CourtSimpson, J.
This action was brought by the appellant against the appellee for damages on account of failure to transmit promptly a telegram. The allegations of the complaint and the evidence show that plaintiff’s son was at Vossburg, Miss, under treatment; that on December 27, 1905, one Ed. Robbins, who liad charge of said son, and who had agreed to keep plaintiff advised of his condition, sent to plaintiff, at Tuscaloosa, Ala., a telegram in these words: “Doctor advises Henry’s condition worse. Shall we tap to preserve life? Answer.” Plaintiff replied, in a telegram to Robbins: “Call Dr. Harbin. Have…
2Cases cited18 opinions
- Rowell v. Western Union Telegraph Co.Court of Appeals of Texas · 1889
- Western Union Telegraph Co. v. EdmondsonTexas Supreme Court · 1897
- Clardy v. WalkerSupreme Court of Alabama · 1901
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- McAllen v. Western Union Telegraph Co.Texas Supreme Court · 1888
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3Cited by2 opinions
- Middleton v. Western U. Tel. Co.Supreme Court of Alabama · 1913
- Western Union Tel. Co. v. PeaglerSupreme Court of Alabama · 1909