Western Union Tel. Co. v. Crowley
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by E. L. Crowley against Western Union Telegraph Co., for damages for failure to deliver Telegram. Judgment for plaintiff and defendant appeals. The telegram was in words and figures as follows: “Birmingham, Ala.. June 2, 1906. To Mrs. W. A. Johnson, c/o Shepherd Bros., Berry,. Ala. Coming to-day will bury Freeman cemetery in the morning, dig vault two feet wide, three feet long, select location.
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Appeal from Bessemer City Court. Heard before Hon. William Jackson. Action by E. L. Crowley against Western Union Telegraph Co., for damages for failure to deliver Telegram. Judgment for plaintiff and defendant appeals. The telegram was in words and figures as follows: “Birmingham, Ala.. June 2, 1906. To Mrs. W. A. Johnson, c/o Shepherd Bros., Berry,. Ala. Coming to-day will bury Freeman cemetery in the morning, dig vault two feet wide, three feet long, select location. E. L. Crowley.” it seems from the evidence that on the evening of June 1st a message was sent by the same party to Mrs.…
1Opinion of the CourtAnderson, J.
The motion of the defendant to strike certain parts of the complaint as elements of damage is not revisable upon appeal, since the same can be eliminated, if not recoverable, by objection to the evidence or special charge. — Woodstock Co. v. Stockdale. 143 Ala. 550, 39 South. 335, and cases there cited.
*587It is true tlie plaintiff had to show that the defendant could have delivered the message to the sendee, and it is insisted hy counsel that there was no proof that Mrs, Johnson was at her home between the delivery of the telegram to the defendant at Birmingham and the arrival of the plaintiff…
2Cases cited6 opinions
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
- Western Union Telegraph Co. v. SeedSupreme Court of Alabama · 1896
- Woodstock Iron Works v. StockdaleSupreme Court of Alabama · 1904
- Western Union Telegraph Co. v. CunninghamSupreme Court of Alabama · 1892
- Western Union Telegragh Co. v. McMorrisSupreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hall v. JacksonColorado Court of Appeals · 1913
- Western Union Telegraph Co. v. GarrettSupreme Court of Oklahoma · 1916
- Birmingham Transfer & Traffic Co. v. StillAlabama Court of Appeals · 1913
- Western Union Tel. Co. v. HawkinsAlabama Court of Appeals · 1915
- Western Union Telegraph Co. v. SnellAlabama Court of Appeals · 1911
7 more not listed; retrieve them via the Exa API.