Western U. T. Co. v. Brazier
Alabama Court of Appeals
Appeal from Shelby Circuit Court. Heard before Hon. Hitgii D. Merrill. Action by Jesse Brazier against the Western Union Telegraph Company, for damages for delay in delivery of a telegram. Judgment for plaintiff and defendant appeals. The reasonableness of the provision set out in plea 5, has been passed on affirmatively time and again by this court.— Henderson v. W. ü. T. Go., 89 Ala. 510; Harris v. W. U. T. Go., 121 Ala. 519; McGhee v. Wes.
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Appeal from Shelby Circuit Court. Heard before Hon. Hitgii D. Merrill. Action by Jesse Brazier against the Western Union Telegraph Company, for damages for delay in delivery of a telegram. Judgment for plaintiff and defendant appeals. The reasonableness of the provision set out in plea 5, has been passed on affirmatively time and again by this court.— Henderson v. W. ü. T. Go., 89 Ala. 510; Harris v. W. U. T. Go., 121 Ala. 519; McGhee v. Wes. Union, 53 South. 205. This plea was proven without dispute, and this entitled defendant to the affirmative charge. Defendant was entitled to the…
1Opinion of the CourtPelham, J.
This action was to recover damages for the defendant telegraph company’s negligent failure to deliver to plaintiff within a reasonable time a message, filed with the defendant’s agent at Mobile, Ala., signed by plaintiff’s brother, and addressed to the plaintiff at Montevallo, Ala., notifying him of the death at Mobile of his sister, and requesting that he “come at once.” The claim for damages is based on the amount of toll paid and the mental pain, etc., suffered in being deprived of seeing his sister and being present at her funeral and burial. The defendant, besides a plea of the general…
2Cases cited17 opinions
- Boulden v. McIntireIndiana Supreme Court · 1889
- Freeman v. BlountSupreme Court of Alabama · 1911
- Carmel Natural Gas & Improvement Co. v. SmallIndiana Supreme Court · 1897
- Mobile, Jackson & Kansas City R. R. v. BrombergSupreme Court of Alabama · 1904
- McCormack Harvesting Machine Co. v. LoweSupreme Court of Alabama · 1907
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Southwest Cotton Co. v. RyanArizona Supreme Court · 1921
- Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921
- Illinois Central R. R. v. Kilgore & SonAlabama Court of Appeals · 1914
- Buckner v. GravesSupreme Court of Alabama · 1923
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