McGehee v. Western Union Tel. Co.
Supreme Court of Alabama
Damage for Delay in Delivery of Telegram. Appeal from Butler Circuit Court. Heard before Hon. J. C. Richaedson. Action by Jacob A. McGehee against the Western Union Telegraph Company for non-delivery of a telegram. Judgment for defendant, and plaintiff appeals.
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Damage for Delay in Delivery of Telegram. Appeal from Butler Circuit Court. Heard before Hon. J. C. Richaedson. Action by Jacob A. McGehee against the Western Union Telegraph Company for non-delivery of a telegram. Judgment for defendant, and plaintiff appeals. The following are the pleas mentioned in the opinion: “(2) Defendant says that at the time the alleged message mentioned and set out in the complaint was filed with the defendant for transmission, and for a long time prior thereto, defendant had in force a rule or regulation, which was printed on all of the blanks on Avhich messages…
1Opinion of the CourtMcOLELLAN, J.
The action is tort, by the sendee (if a telegraphic message. The negligence averred was *116delay in delivery — nondelivery within a reasonable time and as in dnty bound to do. The defendant (appellee) set up, in bar of the recovery sought, the following rule or stipulation: “The company will not be liable for damages or statutory penalties in any case where the claim has not been presented in writing within 60 days after the message is filed, with the company for transmission” — it being averred that the claim counted on was not filed as required by the rule or stipulation. The demurrers to…
2Cases cited18 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Ryall v. AllenSupreme Court of Alabama · 1904
- Frazier v. Western Union Telegraph Co.Oregon Supreme Court · 1904
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
- Montgomery County v. PruettSupreme Court of Alabama · 1911
- Western Union Telegraph Co. v. Bank of SpencerSupreme Court of Oklahoma · 1916
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Poor v. Western Union Telegraph Co.Missouri Court of Appeals · 1917
14 more not listed; retrieve them via the Exa API.