Christmon v. Postal Telegraph-Cable Co.
Supreme Court of North Carolina
Appeal from Peebles, Jat September Term, 1911, of JoHNS-TON. Tbis action was brought to recover damages for the negligent failure to deliver a telegraphic message, addressed by the plaintiff; R. D. Ohristmon, to G. F. Pope, at Dunn, N. 0., 13 January, 1909, as follows:’ “Send word to wife will be home to-morrow. Am well.” The message was delivered to the defendant’s operator at Wendell the afternoon of 13 January, 1909, but was never sent by him to G. E. Pope.
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Appeal from Peebles, Jat September Term, 1911, of JoHNS-TON. Tbis action was brought to recover damages for the negligent failure to deliver a telegraphic message, addressed by the plaintiff; R. D. Ohristmon, to G. F. Pope, at Dunn, N. 0., 13 January, 1909, as follows:’ “Send word to wife will be home to-morrow. Am well.” The message was delivered to the defendant’s operator at Wendell the afternoon of 13 January, 1909, but was never sent by him to G. E. Pope. The operator was - informed by R. D. Ohristmon, at the time he received the message for transmission and was paid the charges, when…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe plaintiff was not entitled to recover damages merely because bis wife became ill, as the message was not of tbe character to indicate that a failure to send it would naturally and probably cause her illness. Such a result was not in tbe contemplation of tbe parties, and tbe judge so charged the jury. But in this case the defendant was notified by the message, and the information given to its operator, that Mrs. Christmon was in a very nervous condition, so much so that her husband would not send the message directly to her, but addressed it to a friend,…
2Cases cited6 opinions
- Whitehurst v. . PadgettSupreme Court of North Carolina · 1911
- State v. . FergusonSupreme Court of North Carolina · 1890
- State v. . CredleSupreme Court of North Carolina · 1884
- Suttle v. Western Union Telegraph Co.Supreme Court of North Carolina · 1908
- Dayvis v. Telegraph Co.Supreme Court of North Carolina · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. . SurlesSupreme Court of North Carolina · 1895
- Alexander v. . Telegraph Co.Supreme Court of North Carolina · 1912
- Friel v. Angell Care Inc.Court of Appeals of North Carolina · 1994