Western Union Telegraph Co. v. Chamblee
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. II. C. Speaks. This action was brought by the appellee against the appellant, to recover damages for a mistake committed by defendant in transmitting a telegram from plaintiff at Forkville, Morgan County, Alabama, to the Birmingham Exchange Company at Birmingham, Alabama.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. II. C. Speaks. This action was brought by the appellee against the appellant, to recover damages for a mistake committed by defendant in transmitting a telegram from plaintiff at Forkville, Morgan County, Alabama, to the Birmingham Exchange Company at Birmingham, Alabama. The plaintiff, on September' 15, 1896, delivered to the defendant’s office at Forkville a telegram, Avliich exclusive of date and signature, Avas as folloAVS: “To Birmingham Exchange Co., Birmingham, Ala. If can buy cotton Jany. 25, close pork buy cotton,” which…
1Opinion of the Court
HARALSON, J. —
1. The demurrers to defendant’s second and third pleas were properly sustained. The second professes to he a plea in bar, but really, it is one in mitigation of damages. It does not go to all, but to a part of the damages claimed, and should have been so pleaded. If plaintiff was, under any circumstances, under any legal obligation to defendant to attempt to partially recoup his loss in consequence of defendant’s failure to comply with its contract in sending the message, it is not averred in said plea that plaintiff knew or was informed that he could thus protect himself. But,…
2Cases cited9 opinions
- Hawley v. BibbSupreme Court of Alabama · 1881
- McLeod v. Shelly Manufacturing & Improvement Co.Supreme Court of Alabama · 1895
- Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
- Western Union Telegraph Co. v. DuboisIllinois Supreme Court · 1889
- American Union Telegraph Co. v. DaughterySupreme Court of Alabama · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Western Union Tel. Co. v. FavishSupreme Court of Alabama · 1916
- American District Telegraph Co. v. Roberts & Son, Inc.Supreme Court of Alabama · 1929
- Western Union Telegraph Co. v. MiltonSupreme Court of Florida · 1907
- Western Union Telegraph Co. v. BarbourSupreme Court of Alabama · 1921
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.