Western Union Telegraph Co. v. Cunningham
Supreme Court of Alabama
Appeal from tbe City Court of Gaclsden. Tried before the Hon. John H. Disque. This action was brought by O. T. Cunningham against the appellant corporation, to recover damages for the defendant’s failure to transmit to him, with proper dispatch, a telegraphic message in reply to one which he had sent, by which delay he was prevented from reaching the bedside of his dying mother before her death.
Read the full summary
Appeal from tbe City Court of Gaclsden. Tried before the Hon. John H. Disque. This action was brought by O. T. Cunningham against the appellant corporation, to recover damages for the defendant’s failure to transmit to him, with proper dispatch, a telegraphic message in reply to one which he had sent, by which delay he was prevented from reaching the bedside of his dying mother before her death. The complaint averred that the defendant “negligently and carelessly failed to send and deliver said reply message until the next day-after it was received,” and that, “by reason of defendant’s gross…
1Opinion of the CourtHead, J.
The complaint alleges that plaintiff, whose mother was at the time very ill at or near Bluff City, Tennessee, sent by the defendant telegraph company, on the evening of April 5th, 1890, from Attalla, Ala., to his sister-in-law at Bluff City, a telegraphic message, as follows : “How is-ma? Answer at once;” that this message was promptly *316transmitted and delivered to plaintiff’s brother at Bluff City, about an hour afterwards, who at once replied as follows: “No better this morning, but little hopes of recoverythat this reply was given to defendant, to be forwarded immediately, which defendant…
2Cases cited3 opinions
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- West. Union Telegraph Co. v. WilsonSupreme Court of Alabama · 1890
- Louisville Coffin Co. v. StokesSupreme Court of Alabama · 1884
3Cited by18 opinions
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. CrumptonSupreme Court of Alabama · 1903
- Western Union Telegraph Co. v. SeedSupreme Court of Alabama · 1896
- Western Union Telegraph Co. v. MerrillSupreme Court of Alabama · 1905
13 more not listed; retrieve them via the Exa API.