Western Union Tel. Co. v. Hawkins
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Weaver Hawkins against the Western Union Telegraph Company. Judgment-for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Weaver Hawkins against the Western Union Telegraph Company. Judgment-for plaintiff, and defendant appeals. Count 2 is as follows: Plaintiff claims of the defendant the further sum of $1,500 as damages for that, heretofore, on, to-wit, January 3, 1913, the defendant was a corporation engaged in the business of transmitting messages for hire by means of telegraph from Social Circle, Ga., to Birmingham, Ala. That on said date one Laura Johnson for plaintiff’s benefit delivered to defendant at Social Circle, Ga., the…
1Opinion of the Court
THOMAS, J.(1) In an action against a telegraph company by the sendee of a message seeking damages for delay in the transmission of the message, that is, for non-delivery within a reasonable time, the. complaint, whether ex contractu or ex delicto, must, in order to withstand attack against appropriate demurrer, allege or show a consideration for the telegraph company’s promise or undertaking to transmit the message; otherwise, under the rule that pleadings are construed most strongly *297against the pleader, it will be presumed that the undertaking or promise on the part of the company was…
2Cases cited29 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
- Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
24 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Postal Telegraph-Cable Co. v. Warren-Godwin Lumber Co.Supreme Court of the United States · 1919
- National Surety Co. v. JulianSupreme Court of Alabama · 1933
- Tanner v. StateAlabama Court of Appeals · 1953
- Western Union Telegraph Co. v. KilgoreCourt of Appeals of Texas · 1919
- Western Union Telegraph Company v. Morrison.Alabama Court of Appeals · 1917
5 more not listed; retrieve them via the Exa API.