Postal Telegraph & Cable Co. v. Beal
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Action by John Beal, Jr., against Postal Telegraph & Cable Company for damages for the failure to promptly deliver a telegram. Judgment for plaintiff and defendant appeals. Under the facts in this case, the damages claimed for physical suffering should not have been allowed as an element of ¡recovery. — W. U. Tel Go. v. Lovett, 58 S. W. 204; same v. Reed, 85 S. W. 1171; Daugherty v. W. U. Tel.
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Appeal from Tuscaloosa County Court. Heard before Hon. Henry B. Foster. Action by John Beal, Jr., against Postal Telegraph & Cable Company for damages for the failure to promptly deliver a telegram. Judgment for plaintiff and defendant appeals. Under the facts in this case, the damages claimed for physical suffering should not have been allowed as an element of ¡recovery. — W. U. Tel Go. v. Lovett, 58 S. W. 204; same v. Reed, 85 S. W. 1171; Daugherty v. W. U. Tel. Go., 75 Ala. 168; W. U. Tel. Go. v. Way, 83 Ala. 542; Burton v. Henry, 90 Ala. 281; Gagy v>. W. U. Tel. Go.. 37 Ind. App. 73; W.…
1Opinion of the CourtDenson, J.
The plaintiff, while engaged in mining coal near Sydney, Ala., was severely burned in an explosion which occurred in the mine on the 3d day of June, 1907. At 2 p. m. of the following day, at plaintiff’s request, William James (Through a Mr. Henderson) delivered to the defendant company’s telegraph office in the city of Birmingham, Ala., a message to be transmitted to plaintiff’s mother, as follows, viz: “Bir*251mingham, Ala., June 4, ’07. Mattie Beal (colored), Tuscaloosa, Ala. John hadly hurt wants to see you at Sydney coal mine. (Signed) Wm. James.” The toll was paid in Birmingham for the…
2Cases cited7 opinions
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Westers Union Telegraph Co. v. CooperTexas Supreme Court · 1888
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Western Union Telegraph Co. v. CarterTexas Supreme Court · 1893
- Western Union Telegraph Co. v. EdsallTexas Supreme Court · 1889
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3Cited by4 opinions
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Birmingham Transfer & Traffic Co. v. StillAlabama Court of Appeals · 1913
- Postal Telegraph-C. Co. v. NailAlabama Court of Appeals · 1914
- Western Union Telegraph Co. v. BowenAlabama Court of Appeals · 1917