Western Union Tel. Co. v. Favish
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by E. W. Favish against the Western Union Telegraph Company for damages for a failure to deliver a telegram in the words in which it was written and delivered to them. Judgment for plaintiff and defendant appeals. (Transferred from the Court of- Appeals under Acts 1911, p. 449.)
1Opinion of the CourtMcClellan, J.
(1-4) — The wife of the appellee (plaintiff, below) transmitted by local telephone to an agent of the appellant at Birmingham, Ala., the following message ardressed to the plaintiff at a certain street number in Ghicago, 111.: “Reasons for not writing papa operated on Monday night. Doing as well as can be expected.” ' -
The only signature directed to be affixed to the .message was the name Helen. Aside from a presently unimportant mistake' in the initial letter of the surname of the addressee, the words, of the message were understood and transcribed in the appellant’s Birmingham office, and…
2Cases cited16 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1914
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Briggs v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1914
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Garrett v. StateSupreme Court of Alabama · 1958
- Barbour v. StateSupreme Court of Alabama · 1954
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Lester v. JacobsSupreme Court of Alabama · 1925
- J. R. Watkins Co. v. HillSupreme Court of Alabama · 1926
19 more not listed; retrieve them via the Exa API.