Jackson Lumber Co. v. Western Union Telegraph Co.
Alabama Court of Appeals
Damage for Erroneous Transmission of Message. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by tbe Jackson Lumber Company against the Western Union Telegraph Company. Judgment for defendant, and plaintiff appeals. The following charge was given for defendant:. “If the jury believe the evidence in this case, the plaintiff cannot recover any greater sum than 60 cents, with interest thereon, the amount paid for such message.”
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Damage for Erroneous Transmission of Message. Appeal from Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by tbe Jackson Lumber Company against the Western Union Telegraph Company. Judgment for defendant, and plaintiff appeals. The following charge was given for defendant:. “If the jury believe the evidence in this case, the plaintiff cannot recover any greater sum than 60 cents, with interest thereon, the amount paid for such message.” Where a person selected a telegraph company as a means of communication, such person is responsible to the sendee for mistakes made in the…
1Opinion of the CourtWalker, P. J.
On January 24, 1910, the appellee received from the appellant at Lockhart, Ala., for transmission by telegraph a message addressed to the Fairbanks Company, New Orleans, La., containing an order for the shipment to the appellant of three “eight by eighteen steel split pulleys.” In transmitting the message the appellee made the mistake of substituting the word “eighty” for the word “eight,” so that the message fc^s delivered read three “eighty by eighteen” pulleys, in*647stead of three “eight by eighteen” pulleys. The Fairbanks Company did not have in stock pulleys of the size mentioned in the…
2Cases cited2 opinions
- Strong v. Western Union Telegraph Co.Idaho Supreme Court · 1910
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
3Cited by1 opinion
- Western Union Telegraph Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1914