Legal Opinion

Western Union Telegraph Co. v. Adair

Supreme Court of Alabama

Decided November 15, 1896PublishedCited by 11 opinions

Appeal from the City Court of Anniston,. Tried before the Hon. James W. Lapsley. This action was brought by the appellee, A. J. Adair, against the appellant, the Western Union Telegraph Company, to recover damages caused by reason of the negligence of the defendant in writing upon a telegram the wrong date of its reception. The facts of the case are sufficiently stated in the opinion.

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Appeal from the City Court of Anniston,. Tried before the Hon. James W. Lapsley. This action was brought by the appellee, A. J. Adair, against the appellant, the Western Union Telegraph Company, to recover damages caused by reason of the negligence of the defendant in writing upon a telegram the wrong date of its reception. The facts of the case are sufficiently stated in the opinion. Upon the trial of the cause, there were verdict and judgment for the plaintiff, assessing his damages at $250. From this judgment the defendant appeals, and assigns as error the several rulings of the trial…

1Opinion of the CourtColeman, J.

The plaintiff appellee sued to recover damages sustained in consequence of the negligence of the'defendant, in not properly dating at the place of reception a telegram delivered to defendant at Marshall, Texas, for transmission to plaintiff, by “his brother as his agent and for his benefit.” The telegram delivered to defendant, for transmission, read as follows :

“Marshall, Texas, 11-16, 1895.
“To A. J.. Adair, care Iron Works, Anniston, Ala.
“Mother died this morning.

[Signed] W. A. Adair.”

*444The telegram delivered read as follows :

“Received at Anniston 11 — 14, 189 .

Dated Marshall, Tex., 16.

“To A.…

2Cases cited5 opinions

  1. Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
  2. Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
  3. Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
  4. West. Union Telegraph Co. v. WilsonSupreme Court of Alabama · 1890
  5. Western Union Telegraph Co. v. CunninghamSupreme Court of Alabama · 1892

3Cited by11 opinions

  1. Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
  2. Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
  3. McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
  4. Postal Telegraph Cable Co. v. FordSupreme Court of Alabama · 1897
  5. Western Union Tel. Co. v. HeathcoatSupreme Court of Alabama · 1907

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