Lay v. Postal Telegraph Cable Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by William T. Lay, against tbe Postal Telegraph Cable Company, for damages for mistake in the transmission of a message. Nonsuit by plaintiff on account of adverse ruling with bill of exceptions plaintiff and appeal. The court erred in striking from the complaint claim for mental anguish.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by William T. Lay, against tbe Postal Telegraph Cable Company, for damages for mistake in the transmission of a message. Nonsuit by plaintiff on account of adverse ruling with bill of exceptions plaintiff and appeal. The court erred in striking from the complaint claim for mental anguish. Under the pleadings, it was certainly recoverable in this action. — W. Ü. T. Co. v; Crumpton, 138' Ala. 632; W. U. T. Co. v. Griffin, 50 South. 31; W. U. T. Go. v. Wilson, 93 Ala. 34; Blount v. W. V, T. Go. 126 Ala. 105; 54 S.…
1Opinion of the CourtSayre, J.
Plaintiff in the court below reserved for review in this court rulings upon the pleadings, and upon the admissibility of evidence, which drove Kim to a non-suit. The judgment entry recites that “plaintiff takes a nonsuit with bill of exceptions on account of adverse rulings of the court on pleadings and evidence during the trial of the cause.” In Downs v. Minchew, 30 Ala. 86, the recital was that “the plaintiff excepted to the ruling *175of the court, and takes a nonsuit.” The court held that the record established the fact that the decision below was the cause of the nonsuit, and that the…
2Cases cited16 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Prince v. StateSupreme Court of Alabama · 1893
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Roberts v. GrahamSupreme Court of the United States · 1868
- Thornton v. StateSupreme Court of Alabama · 1896
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Wilson v. OrrSupreme Court of Alabama · 1923
- Harrison v. BurgerSupreme Court of Alabama · 1925
- Irby v. KaiglerAlabama Court of Appeals · 1912
- State ex rel. Tate v. PowellSupreme Court of Alabama · 1913
5 more not listed; retrieve them via the Exa API.