Reports of Cases Argued And Determined in the Supreme Court of ..., volume 183
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 183
Alabama Supreme Court
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313, 57 South. 494; Western Union Telegraph Co. v. North, 177 Ala. 319, 58 South. 299. All the Justices concur, except Dowdbll^ C. J., not sitting. Western Union Telegraph Co. v. Botelen Damages for Delay in Delivery of Telegram. (Decided April 17, 1913. 62 South. 821.) 1. Telegraphs and Telephones: Messages; Collection of Charges; Agency. — A messenger of a telegraph company delivering messages received at the terminal office is the agent of the company and not of the sendee, and a payment of ...the charges to such messenger is a payment to the company. 2. Same; Delay; Payment of Charges; Effect. — The right of the sendee to recover damages for negligent delay in delivery of telegraph message is not affected by the fact that the charges thereon were paid by her husband, who w^as present when the message was deliv- ered, although the husband did not intend to make the wife refund the money. 3. Same; Jury Question. — I'nder the evidence in this case It is a question for the jury whether the telegraph company wns guilty of unreasonable delay in the deliver>' of the message after notice that special delivery charges would be paid.
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