Western Union Telegraph v. Burns
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mrs. Mattie Burns against tbe Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. With the exception of replication 4 to plea 2, the pleadings sufficiently appear from the opinion.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mrs. Mattie Burns against tbe Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. With the exception of replication 4 to plea 2, the pleadings sufficiently appear from the opinion. Replication 4 is as follows: “For further reply to defendant’s second plea, plaintiff avers that neither she nor her agent who delivered said message to defendant for transmission and delivery knew or had any knowledge of said alleged provision, and plaintiff through her agent without any such knowledge…
1Opinion of the CourtEvans, J.
The complaint is in case, and counts on a breach of duty by the defendant telegraph company, in respect to the delivery of a telegraphic message sent by the plaintiff to her husband from Anniston to North Birmingham, Alabama. The message .was in this language: “Wife sick, come at once.”
The gravamen of the complaint is that, through the negligence of the defendant, the message was not delivered until two days after it was received for transmission. The conclusion of the complaint is as follows.: “And as a proximate consequence thereof, plaintiff, who was sick, at or near Anniston, suffered…
2Cases cited15 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Hutto v. Walker CountySupreme Court of Alabama · 1913
- Blount v. Western Union Telegraph Co.Supreme Court of Alabama · 1899
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- J. R. Watkins Co. v. GoggansSupreme Court of Alabama · 1941
- Whittle v. StateSupreme Court of Alabama · 1921
- Sullivan v. MillerSupreme Court of Alabama · 1932
- Louisville N. R. Co. v. ClarkSupreme Court of Alabama · 1920
6 more not listed; retrieve them via the Exa API.