Cates v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Long, J., May Term, 1909, of Ala-MANCE. This action was brought to recover damages for an -alleged negligent delay in delivering a telegram.
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Appeal by defendant from Long, J., May Term, 1909, of Ala-MANCE. This action was brought to recover damages for an -alleged negligent delay in delivering a telegram. The material facts are as follows: . On 13 March, 1907, at 8 :25 o’clock P. M., Tignall Lashley, a brother-in-law of the plaintiff, filed with the defendant’s operator at Haw River, N. C., the following telegram, addressed to the plaintiff, at his home in High Point, N. C.: “Jim- Oates’ daughter dead; wants you and all to come to-morrow.” Assuming, for the sake of argument, that the message sufficiently discloses its importance…
1Opinion of the Court
Walker, J.,
after stating the case: There is no merit in this ease, and it should not have been submitted to the jury in the manner it was. The defendant, by the undisputed testimony, did everything within its power to deliver the message in question. It acted with due diligence and dispatch; and if the plaintiff has sustained any damages, the cause from which they flowed must be imputed to his own misfortune ,and not to the defendant’s fault.
It would serve no practical purpose to reproduce the instructions of the court here, but it may be said generally that the ease was tried upon the wrong…
2Cases cited17 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Western Union Telegraph Co. v. BroescheTexas Supreme Court · 1889
- Thompson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Western Union Telegraph Co. v. HardingIndiana Supreme Court · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Goodman v. . GoodmanSupreme Court of North Carolina · 1931
- Batson v. City Laundry Co.Supreme Court of North Carolina · 1932
- Bailey v. Dibbrell Mineral Co.Supreme Court of North Carolina · 1922
- Manufacturers' Finance Acceptance Corp. v. JonesSupreme Court of North Carolina · 1932
- Ensley v. Sylva Lumber & Manufacturing Co.Supreme Court of North Carolina · 1914
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