Western Union Telegraph Co. v. Westmoreland
Supreme Court of Alabama
Aepeal from Limestone Circuit onrt. Heard before Hon. L>. W. Speaks. Action by Lucile Westmoreland against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. This Aras an action for damages for failure or delay in the delivery of a telegram.
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Aepeal from Limestone Circuit onrt. Heard before Hon. L>. W. Speaks. Action by Lucile Westmoreland against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. This Aras an action for damages for failure or delay in the delivery of a telegram. The sixth and seventh • counts allege a delivery of the message to defendant for transmission; the payment of 41 cents for such services, and a contract on part of defendant to perform the serA7ice; a Avarning by plaintiff to defendant’s agent at Selma to have said message delivered the night of the sending, its arrival at…
1Opinion of the CourtAnderson, J.
Counts 6 -and 7 made out a case for recoverable damages. They show a loss to the estate1 bf the plaintiff of the toll paid for the transmission of the message, and which said sum is recoverable as actual damage, whether it be in tort or contract.—Western Union Tel. Co. v. Krichbaum, 145 Ala. 409, 41 South. 16. Where the complaint makes out a a good cause of action for the recovery of any damage at all, but combines in addition thereto a claim for nonrecover able damages, the proper way to rid it of the claim is not by demurrer, but by motion to strike, objection to the evidence, or special…
2Cases cited4 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- Western Union Tel. Co. v. KrichbaumSupreme Court of Alabama · 1906
- Collins v. Western Union Telegraph Co.Supreme Court of Alabama · 1906
3Cited by5 opinions
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Birmingham Transfer & Traffic Co. v. StillAlabama Court of Appeals · 1913
- Western Union Telegraph. Co. v. SaundersSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. BowenAlabama Court of Appeals · 1917
- Western Union Telegraph Co. v. JohnsonSupreme Court of Alabama · 1909