Western Union Telegraph Co. v. Jackson Lumber Co.
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by the Jackson Lumber Company against the Western Union Telegraph Company for damages for the erroneous transmission of a message ordering certain machinery. Judgment for plaintiff and defendant appeals.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by the Jackson Lumber Company against the Western Union Telegraph Company for damages for the erroneous transmission of a message ordering certain machinery. Judgment for plaintiff and defendant appeals. There is nothing in the telegram informing the Fairbanks Company for what purpose the pulleys were ordered, and the only warranty implied was that the articles ordered were of sound material, and free from latent defects.—35 Cyc. 401-3. A telegraph company could not reasonably anticipate that in the event of error in…
1Opinion of the Court
de GRAFFENRIEI), J.
The damages which, neces sarily, resulted to the sender and the sendee of the telegram, were the cost of the telegram and the actual sum of the separate losses -which were sustained by the sender and sendee of the telegram, because of the error which Avas committed by the telegraph company in *632transmitting the telegram. This was the exact amount which the plaintiff claimed in its complaint, and seems to have been the exact amount which the plaintiff recovered of the defendant in this suit. The damag'es which resulted separately to the sender and sendee of the telegram were,…
2Cases cited5 opinions
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- Dickerson v. FinleySupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
- Western Union Telegraph Co. v. BrownAlabama Court of Appeals · 1912
- Jackson Lumber Co. v. Western Union Telegraph Co.Alabama Court of Appeals · 1913
3Cited by3 opinions
- Bryce v. BurkeSupreme Court of Alabama · 1911
- Brotherhood of Railroad Trainmen v. BarnhillSupreme Court of Alabama · 1926
- Poor v. Western Union Telegraph Co.Missouri Court of Appeals · 1917