Western Union Telegraph Co. v. Hawkins
Supreme Court of Alabama
Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Action by J. P. Hawkins against the Western Union Telegraph Company. Judgment for plaintiff and defendant appeals.
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Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Action by J. P. Hawkins against the Western Union Telegraph Company. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals under section 6, Act 1911, p. 449. The action was ex contractu for a failure to deliver an interstate telegram sent to plaintiff at Notasulga, Ala., by his agent at LaGrange, Ga., announcing the death of the father of the sender and sendee, and the funeral arrangements. The only damages shown was the cost of the telegram and the mental suffering of the sendee. Defendant set up in…
1Opinion of the CourtSomerville, J.
The decisive question in this case is whether, under the interstate commerce law, as amended by Act Cong. June 18, 1910, c. 309, 36 U. S. Stat. at Large, p. 539, state laws regulating the contract, obligations, and liability of common carriers of interstate telegrams have been superseded and annulled by the provisions of the federal law. Section 1 of the amended act contains the following: “The provisions of this act shall apply * * * to telegraph, telephone, and cable companies (whether wire or wireless) engaged in sending messages from one state, territory, or district of the United States,…
2Cases cited16 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Houston, East & West Texas Railway Co. v. United StatesSupreme Court of the United States · 1914
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1914
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Louisville N. R. Co. v. StateAlabama Court of Appeals · 1917
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Louisville N. R. Co. v. ClarkSupreme Court of Alabama · 1920
- Western Union Telegraph Co. v. BeasleySupreme Court of Alabama · 1920
- Frederick v. Western Union Telegraph Co.Supreme Court of Iowa · 1920
11 more not listed; retrieve them via the Exa API.