Western Union Telegraph Company v. Morrison.
Alabama Court of Appeals
Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Action by N. M. Morrison against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Hale Circuit Court. Heard before Hon. B. M. Miller. Action by N. M. Morrison against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. The complaint is as follows: Plaintiff claims of defendant the sum of «$1,500 damages for that heretofore, to wit, on April 4, 1914, defendant, in consideration of the payment to it by or for plaintiff of a certain sum of money, or of the liability incurred by the plaintiff to pay a certain sum of money, undertook to transmit and deliver from Moundville, Ala., to John M. Morrison, at Pell City, Ala., a message,…
1Opinion of the CourtEvans, J.
Appellee (plaintiff below) instituted his action to recover damages for failure to deliver a telegram sent to his brother-in-law from Moundville, in Hale county, to Pell City, in St. Clair county, advising that appellee’s son was at the point of death and requesting sendee to bring appellee’s children to Moundville. The action was ex contractu.
The complaint contained but one count, which the reporter will set out. The message was of such character as to advise appellant that mental pain and anguish might ensue from a breach of the contract. A plea in abatement was timely interposed,…
2Cases cited22 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Johnson v. Bradstreet Co.Supreme Court of Georgia · 1891
- Hutcherson v. DurdenSupreme Court of Georgia · 1901
- Morton v. Western Union Telegraph Co.Supreme Court of North Carolina · 1902
- Jefferson Fertilizer Co. v. RichSupreme Court of Alabama · 1913
17 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City of Dothan v. HardySupreme Court of Alabama · 1939
- Harris v. StateSupreme Court of Alabama · 1941
- General Exchange Ins. Corporation v. FindlaySupreme Court of Alabama · 1929
- Sanders v. StateSupreme Court of Alabama · 1943
- Bean v. Central Maine Power Co.Supreme Judicial Court of Maine · 1934
2 more not listed; retrieve them via the Exa API.