Western Union Telegraph Co. v. Blocker
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was an action brought by the appellee, Michael Brocker, against the appellant, the Western Union Telegraph Company; and sought to recover damages alleged to have been caused by the negligence on the part of the defendant.in failing to deliver certain telegrams. The complaint contained four counts.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was an action brought by the appellee, Michael Brocker, against the appellant, the Western Union Telegraph Company; and sought to recover damages alleged to have been caused by the negligence on the part of the defendant.in failing to deliver certain telegrams. The complaint contained four counts. Under the opinion on the present appeal it is only necessary to set out the second count, which was in words and figures as follows: “2. The plaintiff claims of the defendant the further sum of nineteen hundred…
1Opinion of the CourtSharpe, J.
This is an action for what is in substance alleged to have been negligence on the part of the defendant in respect of the delivery of certain telegrams. The complaint is in tort, and claims damages solely on account of mental distress. It has been debnitely held by tin's court that in this form of action such damages, when not shown to have been accompanied by other damage, resulting from the wrong, is not recoverable. — Blount v. Western Union Tel. Co., 126 Ala. 105; Western Union Tel. Co. v. Krichbaum, 132 Ala. 535.
The trial court erred in overruling the demurrer to count 2 of the…
2Cases cited2 opinions
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Blount v. Western Union Telegraph Co.Supreme Court of Alabama · 1899
3Cited by12 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. WatersSupreme Court of Alabama · 1903
- Western Union Tel. Co. v. JacksonSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
- Western Union Telegraph v. BurnsSupreme Court of Alabama · 1910
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