Western Union Telegraph Co. v. Waters
Supreme Court of Alabama
Appeal from tbe City Court of Birmingham. Tried before the Hon. Charles E. Senn. This action was brought by the appellee, J. L. Waters, against the Western Union Telegraph Company, to recover damages for failure to deliver a message sent to the plaint ill: by his agent.
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Appeal from tbe City Court of Birmingham. Tried before the Hon. Charles E. Senn. This action was brought by the appellee, J. L. Waters, against the Western Union Telegraph Company, to recover damages for failure to deliver a message sent to the plaint ill: by his agent. The complaint as originally filed contained three counts, numbered 1, 2, and 3. The plaintiff amended his complaint by striking out the 1st and 3d counts of the complaint and by adding three additional counts numbered “A,” “B,” and “0.” The counts of the complaint numbered 2, “A,”- and “B,” sought to recove * damages for the…
1Opinion of the Court
TYSON, J. —
The complaint upon which this cast: was tried contains four counts, designated “2,” “A,” "11,” and “C.” The first three are ex contractu and the last ex delicto and in case. This latter count predicates the plaintiff’s right of recovery, not upon a breach of a contract by defendant, but upon the breach of its common law duty as a public carrier, for its failure to deliver this message within a reasonable time.
To show that this is clearly the import of the count and was so intended by the pleader, we have only to call attention to the difference between its phraseology* and that of…
2Cases cited4 opinions
- Blount v. Western Union Telegraph Co.Supreme Court of Alabama · 1899
- Western Union Telegraph Co. v. YoungSupreme Court of Alabama · 1902
- Western Union Telegraph Co. v. BlockerSupreme Court of Alabama · 1903
- Morris v. Eufaula National BankSupreme Court of Alabama · 1898
3Cited by13 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- McGehee v. Western Union Tel. Co.Supreme Court of Alabama · 1910
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Western Union Telegraph v. BurnsSupreme Court of Alabama · 1910
- Stewart, Morehead & Co. v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1908
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