Western Union Telegraph Co. v. Fuel
Supreme Court of Alabama
Damage for Failure to Deliver Message. Appeal from Colbert Circuit Court. Heard, before Hon. C. P. Almon. Action by J. E. Fuel against Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. The facts and pleadings sufficiently appear from the opinion.
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Damage for Failure to Deliver Message. Appeal from Colbert Circuit Court. Heard, before Hon. C. P. Almon. Action by J. E. Fuel against Western Union Telegraph Company. From a judgment for plaintiff, defendant appeals. The facts and pleadings sufficiently appear from the opinion. The court, at the request of the defendant, ga.Ye the following charge: “(6) Gentlemen of the jury, I charge you that plaintiff is not entitled to. recover any damages in this case for mental worry or mental suffering, during his trip from Barton to Tullahoma, on account of the fact that he did not get to look on the…
1Opinion of the CourtMcOLELLAN, J.
— The action is by the sender, acting through an agent, for the breach of a contract to transmit and deliver, with due diligence and care, a telegram announcing the death of plaintiff’s (appellee’s) wifé. The complaint, in two counts, alleges the substance of the contract and its breach. The demurrers, objecting that averment of negligence, or willful or wanton disregard of plaintiff’s rights in the premises, was omitted, were not well taken. The proper averment of the contractual status created by the parties and its breach, in this class of cases as in all others for a breach, meets all the…
2Cases cited12 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Clardy v. WalkerSupreme Court of Alabama · 1901
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. CrumptonSupreme Court of Alabama · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hunt v. WardSupreme Court of Alabama · 1955
- Western Union Tel. Co. v. FavishSupreme Court of Alabama · 1916
- Western Union Telegraph Co. v. BarbourSupreme Court of Alabama · 1921
- Western Union Telegraph Co. v. Bashinsky, Case & Co.Supreme Court of Alabama · 1928
- Western Union Telegraph Co. v. NorthSupreme Court of Alabama · 1912
1 more not listed; retrieve them via the Exa API.