Kivett v. . Telegraph Co.

These were two separate civil actions, each action being for the recovery of damages for mental anguish alleged to have been caused by the delay and nondelivery of telegrams relating to the death of one Herndon H. Kivett. One suit was in the name of Z. T. Kivett, father of the deceased, and the other in the name of H. H. Kivett, twin brother of the deceased. By consent, the two cases were tried together.

There was evidence on the part of the plaintiffs tending to establish the following facts:

That on 23 July, 1909, the plaintiff Z. T. Kivett was living at Buie's Creek, Harnett County, North…