Western Union Telegraph Co. v. Westmoreland
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speaks. Action by Patty Westmoreland to recover damages against the Western Union Telegraph Company for failure to deliver promptly the telegram sent by her to her brother reading, “meet me to-night.” From a judgment for plaintiff, defendant appeals. The action is in tort. — TF. Ü. Tel.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speaks. Action by Patty Westmoreland to recover damages against the Western Union Telegraph Company for failure to deliver promptly the telegram sent by her to her brother reading, “meet me to-night.” From a judgment for plaintiff, defendant appeals. The action is in tort. — TF. Ü. Tel. Go. v. Krisbaum, 132 Ala. 539. In such a case, damages cannot be recovered for mental anguish alone when not shown to have been accompanied by other damages resulting from the wrong. — W. U. Tel. Go. v. Brooker, 35 South. 469; Blount v. IF. 77. Tel.…
1Opinion of the CourtTyson, C. J.
Tliis action is one in form ex delicto for damages arising from delay in the delivery of a telegraphic message. The plaintiff, a young lady, delivered a. message to defendant, at the Union Depot in Montgom" cry in the evening of the 28th of November, 1903, addressed to F. G. Westmoreland, Athens, Ala., containing the words, “Meet me to-night,” and signed by the plaintiff, for which she paid the charges of 30 cents. The message was routed by way of Atlanta, the only line open, and from there, by some cause or other wholly undiscovered, it was sent to- Athens, Ga., where unavailing efforts…
2Cases cited12 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Barry v. EdmundsSupreme Court of the United States · 1886
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Wilkinson v. MoseleySupreme Court of Alabama · 1850
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
- Birmingham Water Works Co. v. MartiniAlabama Court of Appeals · 1911
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
- Hart v. ColemanSupreme Court of Alabama · 1917
- Western Union Telegraph Co. v. NorthcuttSupreme Court of Alabama · 1908
24 more not listed; retrieve them via the Exa API.