Western Union Telegraph Co. v. Anniston Cordage Co.
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Je. Action by tbe Anniston Cordage Company against the Western Union Telegraph Company, for damages for error in transmission and delivery of a telegram. Judgment for plaintiff and defendant appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Je. Action by tbe Anniston Cordage Company against the Western Union Telegraph Company, for damages for error in transmission and delivery of a telegram. Judgment for plaintiff and defendant appeals. The doctrine that a third party although not primarily a party to the contract, may sue for a breach, is an intrenchment upon fundamental principles and must be kept strictly within limits. — Fraser v. W. U. T. Go., 2 A. & E. Ann. Cases, 396; Gray on Telegraphs, sec. 67; Anniston G. Go. v. W. U. T. Go., 49 South. 770. Counsel…
1Opinion of the Court
de GRAFFENRIED, J.
The value of a rule of law depends, generally speaking, as much upon its stability and known certainty as upon its wisdom. The stability of business depends upon the stability of the laws under Avhich it is conducted, and nothing can more readily cre*354ate unrest in the business world than the fear that the laws themselves are unstable. “The known certaintie of the laAv is the saftie of all.” — 2 Coke upon Littleton, 395a.
In some cases the facts are such that it is difficult to determine Avhich of two well-recognized and clearly defined, although opposite, rules — the…
2Cases cited23 opinions
- Jones v. StateSupreme Court of Alabama · 1911
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- Erie Telegraph & Telephone Co. v. GrimesTexas Supreme Court · 1891
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- American District Telegraph Co. v. Roberts & Son, Inc.Supreme Court of Alabama · 1929
- Hathcock v. MitchellSupreme Court of Alabama · 1965
- Meridian Star v. KayMississippi Supreme Court · 1949
- Western Union Telegraph Co. v. AppletonSupreme Court of Alabama · 1914
- Western Union Telegraph Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1914
6 more not listed; retrieve them via the Exa API.