Western Union Telegraph. Co. v. Saunders
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. G. Nesmith. Action by K. D. Saunders against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. Complaint Avas as follows: “Plaintiff claims of de- ' fendant $1,999.99 as damages, for that heretofore, to wit, on the 12th day of September, 1905, defendant was in the business of transmitting by wire from Birmingham, Alabama, to Ft.
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Appeal from Birmingham City Court. Heard before Hon. C. G. Nesmith. Action by K. D. Saunders against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. Complaint Avas as follows: “Plaintiff claims of de- ' fendant $1,999.99 as damages, for that heretofore, to wit, on the 12th day of September, 1905, defendant was in the business of transmitting by wire from Birmingham, Alabama, to Ft. Payne, Alabama, and there delivering, telegraphic messages; that on said date plaintiff delivered to the defendant, at said Birmingham, a message addressed, to Mrs. G. B. Cross,…
1Opinion of the CourtEvans, J.
There are 52 assignments of error in this record. The first assignment is to the overruling of defendant’s demurrer to the complaint. The appellant contends in his brief, in arguing this proposition, first, that “the averment that the plaintiff lost the amount paid for the transmission and delivery of the message is contradicted on the face of the complaint.” We do not think that the complaint is subject to this criticism. A person may recover damages for undue delay in transmitting and delivering a telegram, caused by the negligence of the company undertaking the transmission and delivery of…
2Cases cited7 opinions
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Cannon v. LindseySupreme Court of Alabama · 1887
- West. Union Telegraph Co. v. WilsonSupreme Court of Alabama · 1890
- Bolling & Son v. McKenzieSupreme Court of Alabama · 1889
- Western Union Telegraph Co. v. CrockerSupreme Court of Alabama · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Brindley v. StateSupreme Court of Alabama · 1915
- Western Union Telegraph Co. v. BarbourSupreme Court of Alabama · 1921
- Brooks v. StateAlabama Court of Appeals · 1913
- Western Union Telegraph Co. v. BennettAlabama Court of Appeals · 1911
- Western Union Telegraph Co. v. HollandAlabama Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.