Western Union Telegraph Co. v. Whitson
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Postee. This was an action by appellee against appellant. The third count in the complaint was charged out at the request of the defendant.
Read the full summary
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Postee. This was an action by appellee against appellant. The third count in the complaint was charged out at the request of the defendant. The first and second counts were in the following words: Count 1. “The plaintiff claims of tile defendant the sum of $1,500 as dámages for the breach of a contract made by plaintiff, through its agent, J. H. Willingham, of Berry, Ala., and the defendant on the 12th day of Jan. 1905, by the terms of which the defendant undertook to transmit from Berry, Ala., to Northport, Ala., the following…
1Opinion of the CourtTyson, J.
Only one ground of the demurrer assigned to the several counts of the complaint is insisted on here. It is the one assailing the sufficiency of the averment of the counts for the failure to allege that the addressee of the message lived, did business, and ivas to be found Avithin the free delivery limits of the defendant’s office to which it Avas transmitted for delivery. If such was a term of the contract between the- sender, as the plaintiff’s agent, and the company, that Avas a matter of defense. It is in the ntaure of an exception to the general obligation of duty imposed upon the…
2Cases cited3 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1899
- Western Union Telegraph Co. v. MerrillSupreme Court of Alabama · 1905
3Cited by12 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Western Union Telegragh Co. v. McMorrisSupreme Court of Alabama · 1908
- Donahoo Horse & Mule Co. v. DurickSupreme Court of Alabama · 1915
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Newberry v. AtkinsonSupreme Court of Alabama · 1913
7 more not listed; retrieve them via the Exa API.