Western Union Telegraph Co. v. Bowen
Alabama Court of Appeals
Appeal from City Court of Birmingham; Charles W» Ferguson, Judge. Action by W. E. Bowen against the Western Union Telegraph Company for damages for a failure to deliver to Bowen’s wife money sent her by him through the medium of the telegraph company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear.
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Appeal from City Court of Birmingham; Charles W» Ferguson, Judge. Action by W. E. Bowen against the Western Union Telegraph Company for damages for a failure to deliver to Bowen’s wife money sent her by him through the medium of the telegraph company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear. The following charge was given for plaintiff: “The court has charged you that you cannot assess any damages for physical pain or any punitive damages. The court further charges you that mental pain and suffering, inconvenience, and annoyance are not physical pain in…
1Opinion of the CourtBrown, P. J.
The court directed a verdict for the defendant under the second count of the complaint, and submitted the case to' the jury under the first count.
The gravamen of the first count is the failure of the defendant to promptly pay the alleged sum of money to plaintiff’s wife, in accordance with the alleged contract between the parties, whereby it expressly undertook, for a consideration paid by the plaintiff, “to use due diligence by telegraphic communication to promptly pay or cause to be paid said sum-of $15 to said Mrs. W. E. Bowen at said Citronelle,” the complaint alleging:
“And it became- and…
2Cases cited22 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
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3Cited by3 opinions
- Horace Turner & Co. v. Munson S. S. LineAlabama Court of Appeals · 1917
- Western Union Telegraph Co. v. BowenSupreme Court of Alabama · 1919
- Limbaugh v. BoazAlabama Court of Appeals · 1918