Western Union Telegraph Co. v. Bowen
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by W. E. Bowen against the Western Union Telegraph Company for damages for failure to pay over money telegraphed. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; Charles W. Ferguson, Judge. Action by W. E. Bowen against the Western Union Telegraph Company for damages for failure to pay over money telegraphed. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The amended first count is as follows: The plaintiff claimed of the defendant $2,000 as damages, for that heretofore, to wit, on the ZOth day of November, 1915, defendant was engaged in the business of transmitting telegraphic messages by wire for hire and reward; that on said day plaintiff’s…
1Opinion of the CourtMcCLELLAN, J.
The report of the former appeal of this cause, to the Court of Appeals, will be found in 76 South. 985. The report of the appeal will contain the amended first count.
The defendant interposed, besides the general issue, pleas 3 and 5 to the amended first count of the complaint, charging that the defendant (appellant) agreed, for a reward paid, to use due diligence promptly to pay or cause to be paid to plaintiffs wife at Citronelle, Ala., the sum of $15; that, notwithstanding the duty thus assumed, the defendant failed to pay or cause to be paid the said sum for a long time, to wit, two days;…
2Cases cited2 opinions
- Lehue v. Western Union Telegraph Co.Supreme Court of North Carolina · 1918
- Western Union Telegraph Co. v. BowenAlabama Court of Appeals · 1917
3Cited by2 opinions
- Basila v. Western Union Telegraph Co.District Court, S.D. Florida · 1928
- Western Union Telegraph Co. v. SpeedCourt of Appeals of Texas · 1936