Western Union Telegraph Co. v. Crocker
Supreme Court of Alabama
Appeal from the City Court oí Birmingham. Heard before the Horn Cijas. A. Senn. ■This was an action brought by the appellee, William S. Crocker, against the AVestern Union Telegraph Company, to recover damages for the negligent failure to deliver a telegraphic message; the. damages claimed being $1,000 for mental suffering and anguish. The message and the relationship of the sender and ■sendee and the other material facts of the case are sufficiently shown in the opinion.
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Appeal from the City Court oí Birmingham. Heard before the Horn Cijas. A. Senn. ■This was an action brought by the appellee, William S. Crocker, against the AVestern Union Telegraph Company, to recover damages for the negligent failure to deliver a telegraphic message; the. damages claimed being $1,000 for mental suffering and anguish. The message and the relationship of the sender and ■sendee and the other material facts of the case are sufficiently shown in the opinion. During the examination of a witness for the plaintiff, he proved against the separate objections and exceptions of the…
1Opinion of the CourtDowdell, J.
This is an action by the appellee against the appellant to recover damages for the negligent failure to deliver a telegraphic message. Damages are claimed for mental suffering and anguish. This is the main and practically the only question in the case. And it is sought in various wa3rs to be raised — by motions to strike out of the complaint certain averments, by demurrer, by objections to the introduction of evidence, and by written charges requested to be given to the jury. Questions on motions to strike will be considered on appeal only when properly presented by bill of exceptions. That…
2Cases cited2 opinions
- Clardy v. WalkerSupreme Court of Alabama · 1901
- Western Union Telegraph Co. v. AyersSupreme Court of Alabama · 1901
3Cited by14 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Western Union Telegraph Co. v. HillSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. CrumptonSupreme Court of Alabama · 1903
- Burrus v. Nevada-California-Oregon RailwayNevada Supreme Court · 1914
- Western Union Telegragh Co. v. McMorrisSupreme Court of Alabama · 1908
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