Alexander v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal from Cline, J., at December' Term, 1911, of Beau-FORT. Civil action to recover damages for negligent failure to deliver a telegraphic message. There was verdict for plaintiff establishing negligent failure to transmit message pursuant to contract, and awarding recovery of substantial damages by reason of mental anguish. Judgment on verdict, and defendant excepted and appealed.
1DissentBrown, J.
Plaintiff, who resided with her mother at Roper, N. C., was stricken with appendicitis. Her physician, Dr. Speight, advised an operation, and on Monday, 19 July, at 4 p. m., in plaintiff’s behalf, wired Dr. Leigh at Norfolk, Ya., in regard to performing it.
Dr. Speight told his patient that he would see her next morning, and let her know what Dr. Leigh said. Dr. Speight did not visit his patient next morning, as promised, but called to see her at 2 p. m. that day, Tuesday, and informed her that he had not heard from Dr. Leigh, and that he had arranged for her to go to the Washington (N. 0.)…
2Cases cited2 opinions
- McCoy v. Railroad.Supreme Court of North Carolina · 1906
- Hancock v. Telegraph Company.Supreme Court of North Carolina · 1906