Western Union Telegraph Co. v. Manker
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. This was an action for damages resulting from a failure to deliver a telegram.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. This was an action for damages resulting from a failure to deliver a telegram. The first count alleges that the defendant ivas a public telegraph company engaged in sending messages by electricity for hire, and that it received at its office in Kendallville, Ind., from Frank Lash, alleged to be the agent of plaintiff, a certain message, addressed to plaintiff at Birmingham, Ala., for which it received 51 cents, and for which it received and undertook to transmit and deliver said message to plaintiff, alleging a failure to…
1Opinion of the CourtHaralson, J.
On a former appeal in this case, it was held that the averments in the complaint alleged a cause of action ex contractu,, and not ex delicto. The plaintiff on his trial again treated the complaint as *424one for breach of contract, and the defendant so treated, it by its plea of non assumpsit thereto, upon which issue was taken. The action will, therefore, be considered as an action ex contractu on appeal. — Manker v. W. U. T. Co., 137 Ala. 292, 34 South. 839.
It was also held on that appeal, overruling cases asserting a contrary doctrine, that a principal may maintain an action in his own name…
2Cases cited2 opinions
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Manker v. Western Union Telegraph Co.Supreme Court of Alabama · 1902
3Cited by10 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
- Ward v. LaneSupreme Court of Alabama · 1914
- Warren v. StateSupreme Court of Alabama · 1916
- Western Union Telegraph Co. v. GarthrightSupreme Court of Alabama · 1907
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