Western Union Telegraph Co. v. Appleton
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Lucinda Appleton against the Western Union Telegraph Company for damages for delay in delivery of telegram. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Lucinda Appleton against the Western Union Telegraph Company for damages for delay in delivery of telegram. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals. The complaint claimed for damages for a delay of one day in the delivery of a death message filed with defendant by an agent of plaintiff, who paid the charges thereon for such service, and the allegation is that defendant so negligently conducted itself in that regard that it did not promptly deliver said message, but the same…
1Opinion of the Court
de GRAFFENRIED, J.
-(1) The count upon which this case ivas tried is in tort. It is well settled that in this form of action for damages for delay in the delivery, or for the nondelivery, or for negligence in the transmission or delivery, of a telegram, the sendee cannot recover for mental pain and anguish, unless there is a right of recovery aside from such injuries. — Western Union Telegraph Co. v. Blocker, 138 Ala. 484, 35 South. 468; Western Union Telegraph Co. v. Jackson, 163 Ala. 9, 50 South. 316; Western Union Telegraph Co. v. Brown, 6 Ala. App. 339, 59 South. 329.(2) The complaint in…
2Cases cited8 opinions
- McCray v. SharpeSupreme Court of Alabama · 1914
- Birmingham Ry. L. & P. Co. v. DennisonSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. BlockerSupreme Court of Alabama · 1903
- Western Union Tel. Co. v. JacksonSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. Anniston Cordage Co.Alabama Court of Appeals · 1912
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3Cited by3 opinions
- Stewart Bros. v. RansomSupreme Court of Alabama · 1917
- McCleery v. McCleerySupreme Court of Alabama · 1917
- State Ex Rel. Grace v. HickmanSupreme Court of Alabama · 1930