Western Union Telegraph Co. v. Krichbaum
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. This action was brought by the appellee against' the appellant.
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Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. This action was brought by the appellee against' the appellant. The count of the complaint on which the cause Avas tried was in words and figures as follows: ' “The plaintiff claims of the defendant nineteen hundred '($1,900) dollars as damages, for that, on, to-wit; the 17th day of August, 1898, the defendant was a body corporate, and engaged in the business of receiving and sending telegrams for hire or reward, and on said 17th day of August, 1898, the plaintiff’s father, J. J. Krich-baum, departed this life near Koddy,…
1Opinion of the CourtTyson, J.
— Action for damages against Telegraph Company for failure to deliver message.
The complaint contained two counts, but one of them was withdrawn. The count upon which the cause was tried, was demurred to on the ground that damages for' mental suffering and anguish were not recoverable, there being no other damages claimed. Whether the demurrer was well taken or not depends upon whether-the count is in form ex contractu or ex delicto. If in. assumpsit, based necessarily upon a breach of the contract, a breach it may be is sufficiently shown by the facts stated to warrant a recovery for nominal…
2Cases cited11 opinions
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Chambers v. SeaySupreme Court of Alabama · 1882
- Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- Rhodes v. McWilsonSupreme Court of Alabama · 1918
- Western Union Tel. Co. v. FavishSupreme Court of Alabama · 1916
36 more not listed; retrieve them via the Exa API.