Western Union Tel. Co. v. Tatum

HARWOOD, Judge.

In the suit below issue was joined on two counts of a complaint in which the plaintiff claimed damages for failure to promptly deliver a telegram addressed to him in Mobile, the defendant having -filed a plea of the general issue, and a special plea of limitation of liability of $500.00 because the message had not been repeated. The trial court gave an affirmative charge in favor of the defendant as to this special plea. Clearly one of these counts sounded in tort, and the trial court was of the opinion that both counts sounded in tort, and so charged the jury. The jury…