Veitch v. Western Union Telegraph Co.
Alabama Court of Appeals
Appeal from. Perry Circuit Court. Heard before Hon. B. M. Miller. Action by Carlos Veitch against the Western Union-Telegraph Company, for damages for failure to promptly transmit and deliver a message. Judgment for defendant and plaintiff appeals.
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Appeal from. Perry Circuit Court. Heard before Hon. B. M. Miller. Action by Carlos Veitch against the Western Union-Telegraph Company, for damages for failure to promptly transmit and deliver a message. Judgment for defendant and plaintiff appeals. The loss suffered in cases of this character is the difference between the contract price, and the-marekt price at the time and place of delivery. — Young v. Cure-ton, 87 Ala. 727; Penn v. Smith, 104 Ala. 405. The purpose is compensation to the injured party for the loss sustained. — Pugh v. McRae, 2 Ala. 393. The message charged defendant Avith…
1Opinion of the CourtWalker, P. J.
This was an action by the appellant to recover damages claimed to have been sustained by him in consequence of the alleged negligent failure of the appellee (the defendant below) promptly to transmit and deliver a telegram, dated Birmingham, Ala., September 25, 1909, signed by the appellant, and *331addressed to Farmers’ Cotton. Oil & Trading Company, Uniontown, Ala., which was in the following words: “Book the hundred tons eight per cent, meal, twenty-five.” The complaint alleged, and there was evidence tending to prove, that the addressee, which was a corporation doing business at Uniontown','…
2Cases cited10 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Postal Telegraph Cable Co. v. LathropIllinois Supreme Court · 1890
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3Cited by2 opinions
- Jebeles & Colias Confectionery Co. v. StephensonAlabama Court of Appeals · 1912
- C. M. McMahen & Sons v. Western Union Telegraph & Cable Co.Supreme Court of Alabama · 1929