Postal Telegraph Cable Co. v. Ford
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. John G. Winter,. This action was brought by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion. There was judgment in favor of the plaintiff. The defendant appeals, and assigns as error, among other rulings, the refusal of the court to give the general affirmative charge requested by it. cited Freeman v. West. Un. Tel. Co., 13 So. East.
Read the full summary
Appeal from the City Court of Montgomery. Tried before the Hon. John G. Winter,. This action was brought by the appellee against the appellant. The facts of the case are sufficiently stated in the opinion. There was judgment in favor of the plaintiff. The defendant appeals, and assigns as error, among other rulings, the refusal of the court to give the general affirmative charge requested by it. cited Freeman v. West. Un. Tel. Co., 13 So. East. Rep. 647 ; Kinion v. W. U. T. Co., 35 Pac. Rep. 75 ; Walser v. IF. U. T. Co., 19 So. East Ren. 366 ; Clay v. W. U. T. Co., 81 Ga. 285; Merrell v. W.…
1Opinion of the CourtBrickell, C. J.
This is an action by the sendee of a telegram against the telegraph company, 'to recover damages resulting from failure to promptly deliver the telegram at the address designated by the sender; it is an action ex contractu, for breach of the contract' alleged to have been made by the telegraph, company with the sender “for the benefit, and as the agent of plaintiff;” not ex delicto, for breach of duty growing out of the contract, or otherwise arising.— Wilkinson v. Moseley, 18 Ala. 288 ; Mobile Life Ins. Co. v. Randall, 74 Ala. 170.
In Western Union Tel. Co. v. Adair, 115 Ala. 441, it is said…
2Cases cited6 opinions
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- Western Union Telegraph Co. v. DuboisIllinois Supreme Court · 1889
- J. A. Shingleur & Co. v. Western Union Telegraph Co.Mississippi Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Adler v. MillerSupreme Court of Alabama · 1928
- Blythe v. EnslenSupreme Court of Alabama · 1919
- McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
- Western Union Tel. Co. v. JacksonSupreme Court of Alabama · 1909
9 more not listed; retrieve them via the Exa API.