Lewis v. Western Union Telegraph Co.
Supreme Court of North Carolina
AotioN for damages for delay in delivering a telegraphic message, tried before Battle, D., at August Term, 1894, of Eorsyth Superior Court. On the trial it appeared that the brother of the plaintiff filed a message, prepaid, with the agent "of the defendant at Barksdale, Ya., at 8 o’clock, A. M., November 21, 1891, for transmission to plaintiff at Winston, N. 0., where he lived.
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AotioN for damages for delay in delivering a telegraphic message, tried before Battle, D., at August Term, 1894, of Eorsyth Superior Court. On the trial it appeared that the brother of the plaintiff filed a message, prepaid, with the agent "of the defendant at Barksdale, Ya., at 8 o’clock, A. M., November 21, 1891, for transmission to plaintiff at Winston, N. 0., where he lived. The telegram announced the serious illness of plaintiff’s sister and requested him to come to her at once, and was delivered to plaintiff at 10:30 o’clock, A. M., November 23, 1891. No notice of a claim for damages…
1Opinion of the Court
Furches, J.:
Tbis case turns on one point. The action was not commenced, nor was there any writfen notice given the defendant of plaintiff’s claim, for more than 60 days from the time when the telegram was sent, or when' it was received. On the argument before ns it was stated by counsel that the sender made no contract with the defendant-to give notice of any claim for damage against defendant on account of negligence, within 60 days, as a condition necessary to plaintiff’s right of action. And that the condition contained in the printed matter on the paper containing the message delivered to…
2Cases cited1 opinion
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
3Cited by10 opinions
- Gwyn Harper Manufacturing Co. v. Carolina Central RailroadSupreme Court of North Carolina · 1901
- Mfg. Co. v. . R. R.Supreme Court of North Carolina · 1901
- Meadows v. Postal Telegraph & Cable Co.Supreme Court of North Carolina · 1917
- Lytle v. Western Union Telegraph Co.Supreme Court of North Carolina · 1914
- Thomas G. Hardie & Co. v. Western Union Telegraph Co.Supreme Court of North Carolina · 1925
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