Sherrill v. Western Union Telegraph Co.
Supreme Court of North Carolina
Action for damages for failure to deliver a telegram, tried before Norwood, J., and a jury, at August Term, 1895, of Iredell Superior Court. Upon the trial, defendant admitted the delivery of ibe message for transmission, the payment of costs therefor, and, further, that the telegram had never been delivered to Franklin Sherrill, for whom it was intended.
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Action for damages for failure to deliver a telegram, tried before Norwood, J., and a jury, at August Term, 1895, of Iredell Superior Court. Upon the trial, defendant admitted the delivery of ibe message for transmission, the payment of costs therefor, and, further, that the telegram had never been delivered to Franklin Sherrill, for whom it was intended. The message was delivered to defendant company at Lebanon, Ind., by the witness Booher, acting for the sender, and was in words and figures as follows : “Max, Ind., Dec. 1st, 1890. Mr. Franklin Sherrill, Statesville, N. C.: Tell Henry to…
1Opinion of the Court
Avery, J.:
By a series of decisions it has become settled law in this State that the sender of a telegram may recover, where the company is shown to be negligent, damages for such mental anguish as may be caused either by the failure to deliver or delay in the delivery of the message sent. Young v. Telegraph Co., 107 N. C., 370; Thompson v. Telegraph Co., Ibid., 449; Sherrill v. Telegraph Co., 116 N. C., 655. It was held on the last appeal (116 N. C., 655) that proof of the receipt of a message by the agent of the company with the understanding that it would be sent to iis destination together…
2Cases cited8 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Deans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
- Sherill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- State v. . HarrisSupreme Court of North Carolina · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Ellerbe v. Carolina Central R. R.Supreme Court of North Carolina · 1896
- Gasque v. . AshevilleSupreme Court of North Carolina · 1935
- State v. . HauserSupreme Court of North Carolina · 1932
- Gasque v. City of AshevilleSupreme Court of North Carolina · 1935
1 more not listed; retrieve them via the Exa API.