Western Union Tel. Co. v. Cleveland
Supreme Court of Alabama
Damage for Failure to Deliver Message. Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by J. B. Cleveland against the Western Union Telegraph Company for a failure to deliver a message. Judgment for plaintiff, and -defendant appeals.
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Damage for Failure to Deliver Message. Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by J. B. Cleveland against the Western Union Telegraph Company for a failure to deliver a message. Judgment for plaintiff, and -defendant appeals. The allegation as to agency is as follows: “Plaintiff claims of the defendant corporation $1,999 damages for tbe breach of the contract, in that plaintiff, through his agent, W. J. Cleveland, heretofore, to wit, on or about the 29th day of December, 1907, at Altoona, Ala., in the county of Etowah, employed for a reward the defendant,,”…
1Opinion of the CourtSayre, J.
Appellee sued in contract for failure to deliver promptly a message informing him of the fatal illness of his mother. The sender of the message was plaintiff’s brother. The court is of opinion that the complaint, when considered in all such of its parts as affect the question of the sender’s agency for the sendee, sufficiently showed that relation to the making of the contract with the defendant for the transmission and delivery of the telegram.
Special damages were claimed and recovered for mental anguish arising out of plaintiff’s failure to see his mother during her last conscious hours,…
2Cases cited32 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Johnson v. StateSupreme Court of Alabama · 1893
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Wilson v. StateSupreme Court of Alabama · 1883
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
27 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Alabama Power Co. v. EdwardsSupreme Court of Alabama · 1929
- Madry v. StateSupreme Court of Alabama · 1918
- Bowen v. StateSupreme Court of Alabama · 1928
- Birmingham Ry., Light & Power Co. v. HuntSupreme Court of Alabama · 1917
- Gadsden General Hospital v. HamiltonSupreme Court of Alabama · 1925
16 more not listed; retrieve them via the Exa API.