Western Union Telegraph Co. v. Russell
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by W. R. Russell against tbe Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by W. R. Russell against tbe Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The complaint, after describing the nature and character of the business of the defendant, and alleging that it had an office at Bessemer, in the State of Alabama, and one at Meigs, in the State of Georgia, and averring that on a certain date plaintiff delivered to the defendant, or its agents, at Bessemer, Ala., the telegram set out in the opinion, contains the following: “Which telegram was delivered to…
1Opinion of the CourtWalker, P. J.
The assignments of error based Upon the action of the trial court in- overruling the demurrers to the several counts of the complaint are sought to be sustained by the suggestion that the allegations as to the delivery of the telegram to “the defendant, or its agent,” do not show a delivery of it to the defendant. There is no merit in this suggestion. The averments of each of the counts sufficiently show that the defendant’s agent at Bessemer, in receiving the telegram for transmission, and in what was done or failed to be done in reference to it, was acting for and in behalf of the…
2Cases cited6 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- American Union Telegraph Co. v. DaughterySupreme Court of Alabama · 1889
- Western Union Telegragh Co. v. McMorrisSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. BennettAlabama Court of Appeals · 1911
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3Cited by2 opinions
- Postal Telegraph-C. Co. v. NailAlabama Court of Appeals · 1914
- Western Union Telegraph Co. v. HollandAlabama Court of Appeals · 1914