Western Union Telegraph Co. v. Merrill
Supreme Court of Alabama
Appeal from Cleburne County Court. Heard before Hon. T. J. Burton. This was an action brought by the appellee, W. B. Merrill, against the Western Union Telegraph Company, and sought to recover damages from the defendant for failure to promptly transmit and deliver a telegraph message, received by it for transmission to the plaintiff at Edwardsville, Alabama.
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Appeal from Cleburne County Court. Heard before Hon. T. J. Burton. This was an action brought by the appellee, W. B. Merrill, against the Western Union Telegraph Company, and sought to recover damages from the defendant for failure to promptly transmit and deliver a telegraph message, received by it for transmission to the plaintiff at Edwardsville, Alabama. The complaint contained two counts, which alleged, in effect, that the defendant, a corporation organized and doing business for the receipt and transmission of telegraphic messages, ’received for transmission a message from one A. S.…
1Opinion of the CourtTyson, J.
The complaint contains two counts and each predicates a right of recovery upon a breach of contract by defendant, for its failure to transmit and deliver a telegram received from plaintiff’s agent, Abercrombie, at Birmingham, to be sent to plaintiff at Edwards-ville, containing the information of the serious illness *622of the latter’s wife. —W. U. Tel. Co. v. Cunningham, 99 Ala. 314.
These counts were amended so as to meet certain objections pointed out in the demurrer interposed to each of them. This demurrer was refiled after the amendments were allowed and overruled by the court and properly…
2Cases cited7 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Evans v. StateSupreme Court of Alabama · 1895
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Birmingham Railway & Electric Co v. FranscombSupreme Court of Alabama · 1899
- Choate v. Southern Railway Co.Supreme Court of Alabama · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Western Union Telegragh Co. v. McMorrisSupreme Court of Alabama · 1908
- Western Union Tel. Co. v. HeathcoatSupreme Court of Alabama · 1907
10 more not listed; retrieve them via the Exa API.