Canidate v. Western Union Telegraph Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Miss Roehel Canidate against the Western Union Telegraph Company for damages for injuries as set forth in the complaint. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Miss Roehel Canidate against the Western Union Telegraph Company for damages for injuries as set forth in the complaint. Judgment for plaintiff, and defendant appeals. The following is plea 2: For further separate plea in this behalf to the complaint and to each count thereof, separately and severally, defendant avers: That plaintiff ought not to maintain this action, for that heretofore, to wit, on the 16th day of July, 1918, the Senate and House of Representatives of the United States did by joint resolution enact…
1Opinion of the CourtMcCLELLAN, J.
The plaintiff (appellant) instituted this action against defendant (appellee) on the 29th day of April, 1919. The complaint contains two counts, the first ex contractu and the second ex delicto, claiming damages for the failure of the defendant company promptly to transmit and deliver a telegraphic message committed to the telegraph operator at Pike Road, Ala., to the plaintiff at Bessemer, Ala., on March 21,1919. Besides a general traverse of the allegations of these counts, the defendant interposed plea 2; reproduced in the statement of the case ante. Demurrer to the plea, also stated in…
2Cases cited4 opinions
- In Re AyersSupreme Court of the United States · 1887
- Belknap v. SchildSupreme Court of the United States · 1896
- Dakota Central Telephone Co. v. South Dakota Ex Rel. PayneSupreme Court of the United States · 1919
- C. F. Witherspoon & Sons v. Postal Telegraph & Cable Co.District Court, E.D. Louisiana · 1919
3Cited by5 opinions
- Hines v. MiniardSupreme Court of Alabama · 1922
- Currie v. Louisville N. R. Co.Supreme Court of Alabama · 1921
- Western Union Telegraph Co. v. PostonSupreme Court of the United States · 1921
- Dessery v. Western Union Telegraph Co.Supreme Court of Kansas · 1920
- Western Union Telegraph Co. v. LaslieAlabama Court of Appeals · 1920