Postal Telegraph-C. Co. v. Nail
Alabama Court of Appeals
Failure to Deliver Telegram. Appeal from Gadsden City Court. Heard before Hon. John H. Hisquh. Action by E. Nail against tbe Postal Telegraph-Cable Company, for damages for failure to deliver telegram. Judgment for plaintiff, and defendant appeals. The facts and pleading sufficiently appear in the opinion.
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Failure to Deliver Telegram. Appeal from Gadsden City Court. Heard before Hon. John H. Hisquh. Action by E. Nail against tbe Postal Telegraph-Cable Company, for damages for failure to deliver telegram. Judgment for plaintiff, and defendant appeals. The facts and pleading sufficiently appear in the opinion. The following charges were refused to defendant: (1) The jury is not authorized to award damages to plaintiff simply because the funeral of plaintiff’s child wag postponed because plaintiff’s father-in-law did not arrive. (2) Plaintiff is not entitled to recover anything on account of any…
1Opinion of the CourtThomas, J.
Appellee, Nail (plaintiff below), upon thé death at Birmingham of his child, an infant some two months old, delivered to the defendant telegraph company at that point and paid the charges thereon for transmission to Sidney Speak at Gadsden, as sendee, who was the father-in-law of appellee, the following telegram, properly dated, addressed, and signed by appellee as sender, to-wit: “Baby is dead. Come at once.”. The telegram was duly transmitted by defendant to its office at Gadsden, Ala., and there turned over by defendant to one of its messengers for delivery to said Sidney Speak. The…
2Cases cited11 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Bernhardt v. CurtisSupreme Court of Louisiana · 1902
- Western Union Telegraph Co. v. LuckTexas Supreme Court · 1897
- Western Union Telegragh Co. v. McMorrisSupreme Court of Alabama · 1908
- Bowling v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1900
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3Cited by4 opinions
- Western Union Tel. Co. v. TatumAlabama Court of Appeals · 1950
- Davenport v. Western Union Tel. Co.Montana Supreme Court · 1932
- Davenport v. Western Union Telegraph Co.Montana Supreme Court · 1932
- Western Union Tel. Co. v. BakerAlabama Court of Appeals · 1915