Johnson v. Western Union Telegraph Co.
Supreme Court of North Carolina
■ Civil actioN, tried before Moore, Jand a jury, at the October Term, 1906, of the Superior Court of Durham. County. Action to recover damages for mental anguish arising from failure to deliver a telegram sent from Danville, .Va., to Durham, N. 0., as follows: “To E. 0. Johnson, Durham, N. C.: Sidney died last night, 25 minutes after 9.” The charges for transmitting said message were prepaid by plaintiff. The Sidney referred to was plaintiff’s son.
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■ Civil actioN, tried before Moore, Jand a jury, at the October Term, 1906, of the Superior Court of Durham. County. Action to recover damages for mental anguish arising from failure to deliver a telegram sent from Danville, .Va., to Durham, N. 0., as follows: “To E. 0. Johnson, Durham, N. C.: Sidney died last night, 25 minutes after 9.” The charges for transmitting said message were prepaid by plaintiff. The Sidney referred to was plaintiff’s son. The Court submitted the usual issues and the following additional issue: “3. Under the law of the State of Virginia, can damages for mental…
1Opinion of the CourtBrown, J.
The exact question presented for decision has been considered and decided in this State adverse to plaintiff’s contention, and following such decision the Court below should have granted the defendant’s motion, it being admitted that there is no other evidence of damage except that arising from mental suffering alone. Bryan v. Telegraph Co., 133 N. C., 607. In that case a telegram of similar character was sent to the plaintiff at Wedgefield, S. C., from Mooresville, N.' C. The message was promptly transmitted to Wedgefield but was never delivered, the operator there wiring back, “Party…
2Cases cited14 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Reed v. Western Union Telegraph Co.Supreme Court of Missouri · 1896
- Faulkner v. . HartNew York Court of Appeals · 1880
- Illinois Central Railroad v. BeebeIllinois Supreme Court · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re the Estate HerleNew York Surrogate's Court · 1937
- Penn v. Western Union Telegraph Co.Supreme Court of North Carolina · 1912
- Hancock v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Penn v. . Telegraph Co.Supreme Court of North Carolina · 1912
- People v. HurlbutNew York Justice Court · 1951
5 more not listed; retrieve them via the Exa API.