WESTERN UNION TEL. CO. v. TATUM

1 Div. 604.

49 So.2d 673 (1950)

WESTERN UNION TEL. CO. v. TATUM.

Court of Appeals of Alabama.

Rehearing Denied October 31, 1950.


Attorney(s) appearing for the Case

Lyons, Thomas & Pipes, of Mobile, for appellant.

Harry Seale, of Mobile, for appellee.


HARWOOD, Judge.

In the suit below issue was joined on two counts of a complaint in which the plaintiff claimed damages for failure to promptly deliver a telegram addressed to him in Mobile, the defendant having filed a plea of the general issue, and a special plea of limitation of liability of $500.00 because the message had not been repeated. The trial court gave an affirmative charge in favor of the defendant as to this special plea. Clearly one of these counts...

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