Western Union Telegraph Co. v. North
Supreme Court of Alabama
Appeal from Montgomery Circuit Court Heard, before Hon. W. W. Pearson. Action by Mrs. G. P. North against the Western Union Telegraph Company for delay in delivery of a death message. Judgment for plaintiff, and defendant appeals.
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Appeal from Montgomery Circuit Court Heard, before Hon. W. W. Pearson. Action by Mrs. G. P. North against the Western Union Telegraph Company for delay in delivery of a death message. Judgment for plaintiff, and defendant appeals. The verdict was against the law and the.evidence, and defendant was entitled to new trial although a remittitur was offered by plaintiff. — 27 A. & E. Enc. of Law, 1035; W. U. T. Co. v. Emerson, 161 Ala. 221. The testimony showed notwithstanding the delay Mrs. North could have attended the funeral of her mother, and has therefore failed to establish that her failure…
1Opinion of the CourtMcCLELLAN, J.
Action for damages for delay in delivery of the following telegraphic message, respecting the death of plaintiff’s (appellee’s) mother: “Mother is dead, holding body, wire at once.” The message was sent, by plaintiff’s brother, from Freeland, Mich., on Saturday, August 7, 1909. It was received in Montgomery, its destination, on that date. As originally filed with the defendant, its address contained this, “903 North Decatur St.” As received at Montgomery, its only street address was, “Decatur Street.” It was delivered Monday, August 9, 1909. An element of the damages claimed was that…
2Cases cited9 opinions
- Montgomery Traction Co. v. KnabeSupreme Court of Alabama · 1908
- Western Union Telegragh Co. v. McMorrisSupreme Court of Alabama · 1908
- Richardson v. Birmingham Cotton Manufacturing Co.Supreme Court of Alabama · 1896
- Western Union Telegraph Co. v. AdairSupreme Court of Alabama · 1896
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1910
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3Cited by3 opinions
- Cumbee v. Eady-Baker Grocery Co.Supreme Court of Alabama · 1924
- Ganey v. HenleySupreme Court of Alabama · 1954
- Western Union Telegraph Co. v. DunlapSupreme Court of Alabama · 1913