Western Union Tel. Co. v. Stokes
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Sunn. Action by B. H. Stokes against the Western Union Telegraph Company for damages for failure to transmit and deliver a telegram. Judgment for plaintiff and defendant appeals. The court erred in submitting to the jury the question of punitive damages. — W. U. T. Go. v. Westmoreland, 44 South. 382; Western Ü. T. Go. v. Lelmd.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Sunn. Action by B. H. Stokes against the Western Union Telegraph Company for damages for failure to transmit and deliver a telegram. Judgment for plaintiff and defendant appeals. The court erred in submitting to the jury the question of punitive damages. — W. U. T. Go. v. Westmoreland, 44 South. 382; Western Ü. T. Go. v. Lelmd. Counsel discuss the complaint and insist that a clerical misprision therein was self correcting, and that it was so treated by the attorneys for the appellent. They further insist that,under the evidence…
1Opinion of the Court
SAYRE, J
This is an action in tort for damages arising from a failure to transmit and deliver a telegraphic message. On request of the defendant the jury were instructed that the plaintiff could not recover on account of mental anguish suffered, expenses incurred, or time lost by plaintiff. The result shows a recovery of exemplary damages or smart money.
It is insisted that such -damages were not recoverable under the evidence. Plaintiff testified to the delivery for transmission of the message laid in the complaint to *170the defendant’s agent at Birmingham. No such message was ever received at…
2Cases cited2 opinions
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. CunninghamSupreme Court of Alabama · 1892
3Cited by4 opinions
- Western Union Tel. Co. v. EmersonAlabama Court of Appeals · 1914
- Birmingham Transfer & Traffic Co. v. StillAlabama Court of Appeals · 1913
- Allen v. Southern Coal & Coke Co.Supreme Court of Alabama · 1921
- Western Union Tel. Co. v. BakerAlabama Court of Appeals · 1915