Western Union Telegraph Co. v. Northcutt
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. Thomas L. Sowell. Action by Avie Northeutt against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. Thomas L. Sowell. Action by Avie Northeutt against the Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. The first assignment of error is that the court erred in refusing to sustain defendant’s motion to strike the following averments of the complaint: (1) “The said •lack Van Horn and Sallie Van Horn, her mother, could have reached plaintiff’s home before her husband, Harry Northeutt, was buried, and could have comforted and consoled plaintiff in her sore affietion; and plaintiff avers that on account…
1Opinion of the CourtSimpson, J.
This action was brought by the appellee for damages for delay in delivering a telegram. The action is on the contract, and alleges that plaintiff’s husband was killed accidently; that her brother-in-law (Northcutt), as her agent, sent from Nauvoo, Alá., to her father (Van Horn) at Dora, Ala., a telegram in these words ¡“Harris killed in mines. Notify Jack at once at Empire. [Signed] A. D. Northcutt.” “Harris” was plaintiff’s husband, and “Jack” was a brother of his. There is some conflict in the evidence as to the agency of Northcutt in sending the message; but, according to the plaintiff’s…
2Cases cited39 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Bullard v. . PearsallNew York Court of Appeals · 1873
- Dundas v. City of LansingMichigan Supreme Court · 1889
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
34 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Shaw v. SS Kresge CompanyIndiana Court of Appeals · 1975
- Hogan v. State Industrial CommissionSupreme Court of Oklahoma · 1922
- Moore & Gleason v. TaylorSupreme Court of Oklahoma · 1924
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
- Rogers v. RogersIndiana Court of Appeals · 1919
19 more not listed; retrieve them via the Exa API.