Carmichael v. Southern Bell Telephone & Telegraph Co.
Supreme Court of North Carolina
Appeal from Peebles, J., at April Term, 1911, of New HaNovee. Civil action to recover damages for wrongfully removing a telephone from plaintiff’s premises.
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Appeal from Peebles, J., at April Term, 1911, of New HaNovee. Civil action to recover damages for wrongfully removing a telephone from plaintiff’s premises. There was evidence tending to show that the telephone charges dúe from plaintiff were at the rate of $4.50 per quarter, payable in advance, beginning 1 January; that plaintiff on 3 June, 1908, paid defendant the $4.50 for the quarter beginning 1 April, and took a receipt for same; that in the latter part of June plaintiff was notified there was a balance against him of $3 for said quarter, and unless same was paid the telephone would be…
1Opinion of the Court
Hoke, J.,
after stating the case: An. impression not infrequently exists, and is sometimes acted on, that in the larger number of ordinary causes compensatory damages should be confined to actual pecuniary loss, and that any recovery above actual loss in money or time having definite pecuniary value partakes of the nature of punitive damages. Speaking to this question in a concurring opinion in Ammons v. R. R., 140. N. C., 199, it was said: “The court below and the parties litigant seem to have considered that the seventh issue on actual damages was confined to pecuniary loss, and that any…
2Cases cited7 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Osborn v. Leach.Supreme Court of North Carolina · 1904
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
- Bowen v. KingSupreme Court of North Carolina · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Newton v. Standard Fire InsuranceSupreme Court of North Carolina · 1976
- Michael Holodnak v. Avco Corporation, Avco-Lycoming Division, Stratford, Connecticut,defendant-AppellantCourt of Appeals for the Second Circuit · 1975
- Southwestern Gas & Electric Co. v. StanleyTexas Supreme Court · 1934
- Chesapeake & Potomac Telephone Co. v. CarlessSupreme Court of Virginia · 1920
- Harbaugh v. Citizens Telephone Co.Michigan Supreme Court · 1916
29 more not listed; retrieve them via the Exa API.