Western Union Telegraph Co. v. Ayers
Supreme Court of Alabama
Appeal from tlie City Court, of Birmingham. Tried before the Hon. Chas. A. Senn. This was an action by the appellee, H. L. Ayers, against the appellant, the Western Union Telegraph Company, for negligent failure to deliver a telegraphic message sent by appellee to his brother-in-law. At the trial there were motions to strike several parts of the complaint, but no mention of these motions were made in the bill of exceptions.
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Appeal from tlie City Court, of Birmingham. Tried before the Hon. Chas. A. Senn. This was an action by the appellee, H. L. Ayers, against the appellant, the Western Union Telegraph Company, for negligent failure to deliver a telegraphic message sent by appellee to his brother-in-law. At the trial there were motions to strike several parts of the complaint, but no mention of these motions were made in the bill of exceptions. The facts of the case are sufficiently shown in the opinion. The defendant requested the f ollowing charges, which were refused: (1.) “The plaintiff, under the evidence in…
1Opinion of the CourtDowdell, J.
The appellee, IT. L. Ayers, 'sued the appellant, Western Union Telegraph Co., for negligent failure to deliver a telegraphic message. In each count of the complaint mental anguish and suffering is laid as an element of damage. The message which was delivered to the appellant company for transmission was as follows: ‘‘Birmingham, Ala., Oct. 10, 1899. To W. H. Dill, Morris, Ala. Ina not expected to live. Come at once. (Signed) H. L. Ayers.” Ina, the person named in the message, was an infant daughter of H. L. Ayers. IF. IT. Gill, the person to whom the message was addressed, is the…
2Cases cited7 opinions
- Western Union Telegraph Co. v. CoffinTexas Supreme Court · 1895
- Western Union Telegraph Co. v. LuckTexas Supreme Court · 1897
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. CrumptonSupreme Court of Alabama · 1903
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- Southwestern Telegraph & Telephone Co. v. AndrewsCourt of Appeals of Texas · 1914
18 more not listed; retrieve them via the Exa API.