Efird v. Western Union Telegraph Co.
Supreme Court of North Carolina
ActioN by J. E. Efird against the Western Union Telegraph Company, beard by Judge W. S. O’B. Robinson and a jury, at October Term, 1902, of the Superior Court of UNION County. issues. 1. Was the defendant guilty of negligence in the transmission and delivery of the dispatch, as alleged in the complaint ? Answer: “Yes.” 2. Did the plaintiff, by his own negligence, contribute to his injury, as alleged in the answer ? Answer: “Yes.” 3. What damage, if any, has the plaintiff…
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ActioN by J. E. Efird against the Western Union Telegraph Company, beard by Judge W. S. O’B. Robinson and a jury, at October Term, 1902, of the Superior Court of UNION County. issues. 1. Was the defendant guilty of negligence in the transmission and delivery of the dispatch, as alleged in the complaint ? Answer: “Yes.” 2. Did the plaintiff, by his own negligence, contribute to his injury, as alleged in the answer ? Answer: “Yes.” 3. What damage, if any, has the plaintiff sustained by reason of the negligence of the defendant, as alleged in the complaint ? Answer:. 4. Did the plaintiff pay the…
1Opinion of the CourtClark, C. J.
The plaintiff’s wife, delivered to the defendant’s agent at Monroe, N. C., the following dispatch signed by her and addressed to her husband at Albemarle, N. C.:
“Ira very sick. Croup and sore throat. Can you come?” When delivered to the plaintiff it read:
“Car. very sick. Sroup- and sore throat. Can you come?”
The plaintiff had three children who were named Ira, Grace and May. His brother-in-law next door had a son named Carl from whom one of plaintiff’s children had contracted scarlet fever the year before, and he had cautioned his wife against allowing his children to play with Carl and he…
2Cases cited1 opinion
- Brown v. Postal Telegraph Co.Supreme Court of North Carolina · 1892
3Cited by1 opinion
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1915