Western Union Telegraph Co. v. Prevatt
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by J. D. Prevatt against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The relationship of grandson and grandfather is not within the degree for which there can be a recovary for mental pain, nor does proof of such relationship of itself raise a presumption of law that mental pain and anguish was .suffered. — W. TJ..T.el. (Jo. v. Ayers, 131 Ala. 391; W. U. Tel.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by J. D. Prevatt against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The relationship of grandson and grandfather is not within the degree for which there can be a recovary for mental pain, nor does proof of such relationship of itself raise a presumption of law that mental pain and anguish was .suffered. — W. TJ..T.el. (Jo. v. Ayers, 131 Ala. 391; W. U. Tel. (Jo, v. Crocker, 135 A'la. 492; W. U. Tel. Co. v. Wilson, 75 S. W. 4S2; W. U. Tel. Go; v. Slemburger, 54 S. W. 829; W. U.…
1Opinion of the Court
HARALSON, J. —
1. The defendant, appellant here, insists upon- error bn three grounds, which really cover all the points involved in the appeal.- The first-of-these-, as stated by defendant’s'counsel, “Is the-relationship of grandson and grandfather, within the degree for which there can be-a recovery for mental pain and anguish, occasioned by failure to deliver a telegram, and does proof of such relationship raise a presumption' of law that mental pain and anguish- -were suffered-?”;
*620This question was considered very fully in the recent case of the Western Union Tel. Co. v. Crocker, 135 Ala.…
2Cases cited7 opinions
- Clardy v. WalkerSupreme Court of Alabama · 1901
- W. U. Tel. Co. v. EdsallTexas Supreme Court · 1885
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Western Union Telegraph Co. v. AyersSupreme Court of Alabama · 1901
- Bank of Guntersville v. WebbSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- United States Fidelity & Guaranty Co. v. SlifkinDistrict Court, N.D. Alabama · 1961
- McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
- Western Union Tel. Co. v. JacksonSupreme Court of Alabama · 1909
- Western Union Telegraph v. BurnsSupreme Court of Alabama · 1910
8 more not listed; retrieve them via the Exa API.