Miller v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at Fall Term, 1914, of Davidsoh. Tbis is an action to recover damages for mental anguish, the plaintiff being the sender of the telegram set out in Hedrick v. Tel. Go., ante,. 234, where the facts are fully stated.
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Appeal by defendant from Lane, J., at Fall Term, 1914, of Davidsoh. Tbis is an action to recover damages for mental anguish, the plaintiff being the sender of the telegram set out in Hedrick v. Tel. Go., ante,. 234, where the facts are fully stated. The only exception is to the evidence of the plaintiff that the agent of the defendant, who wrote the telegram, was told that the address of H. F. Hedrick was “14 Street off Liberty Street,” instead of “14 Liberty Street,” as written in the telegram. There was a verdict and judgment in favor of the plaintiff, and the defendant appealed.
1Opinion of the Court
AlleN,, J.
The argument of counsel for defendant is directed to the effect of the evidence admitted over his objection rather than to its competency, but we must- assume that his Honor instructed the jury properly as to how the evidence should be considered and its bearing upon the case, as the charge is not a part of the case on appeal and there is no exception to it. Ellison v. Tel. Co., 163 N. C., 14.
If, however, it be conceded, as contended by the defendant (and it must be understood that the Court does not assent to the proposition), that the agent of the telegraph company became the…
2Cases cited3 opinions
- Anniston National Bank v. School CommitteeSupreme Court of North Carolina · 1896
- Ellison v. Western Union Telegraph Co.Supreme Court of North Carolina · 1913
- Kivett v. Western Union Telegraph Co.Supreme Court of North Carolina · 1911