Darlington v. Western Union Telegraph Co.
Supreme Court of North Carolina
Civil ActioN by W. M. Darlington, 'against the Western Union Telegraph Company, heard by Judge W. 8. O’B. Robinson and a jury, at May Term, 1900,- of Wilxes Superior Court. Erom judgment for less than the relief demanded, the plaintiff appealed.
1Opinion of the CourtEaiecloti-i, C. J.
Action for damages. The plaintiff delivered to defendant’s agent for transmission the following: “North Willcesboro, N. C., September 6, 1899. Mrs. S. J. Franklin, Ridgeway, Henry Co., Va.: Leave on this evening’s train. Be here to-morrow. W. M. Darlington.” Mrs. Franklin was examined as a witness, and testified that on September 6th she received this message: “Leave on evening train. Be there to-morrow.” Mrs. Franklin, being misled by the language of the telegram, did not arrive at Wilkesbo-ro until September 10 at 1.10 p. m., and her daughter, wife of the plaintiff, died that night at 12…
2Cases cited3 opinions
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
- Kennon v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Sherill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
3Cited by10 opinions
- Morgan v. Royal Benefit Society & Royal Fraternal Ass'nSupreme Court of North Carolina · 1914
- Lindsey v. LeonardSupreme Court of North Carolina · 1952
- Hamrick v. Telegraph Co.Supreme Court of North Carolina · 1905
- Sparkman v. Western Union Telegraph Co.Supreme Court of North Carolina · 1902
- Fox v. Volunteer State Life InsuranceSupreme Court of North Carolina · 1923
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