Western Union Tel. Co. v. Baker
Alabama Court of Appeals
Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by J. M. Baker, as administrator, against the Western Union Telegraph Company, for damages for failure to deliver a telegram. Judgment for the plaintiff, and the defendant appeals.
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Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by J. M. Baker, as administrator, against the Western Union Telegraph Company, for damages for failure to deliver a telegram. Judgment for the plaintiff, and the defendant appeals. The following charges were refused to the defendant: (X) I charge you that, if you believe from the evidence that the name “Bert Baker” was not in the city directory at the time that the message was received in Selma, then it was not the duty of the defendant to attempt to deliver the message to any of the other persons in said directory under the…
1Opinion
*214ON REHEARING.
THOMAS, J.
In the original opinion, to which we adhere, we disposed of adversely to the appellant every contention made by it in its application for rehearing. We do not deem it necessary to add anything to what we there said, except upon one proposition, which we there treated briefly, and as to which it may be well to amplify the discussion, with the view of preventing any misunderstanding, which appears to be the case with appellant’s counsel, as to our holding on that point.(8) We there held that the trial court did not err in excluding certain answers of the witness Sims,…
2Cases cited1 opinion
- Postal Telegraph-C. Co. v. NailAlabama Court of Appeals · 1914