Legal Opinion

Hendricks v. W. U. Telegraph Co.

Supreme Court of North Carolina

Decided April 3, 1900PublishedCited by 54 opinions

Civil ActtoN for damages for failure to deliver two messages to the plaintiff announcing the death of his sister, tried before Goble, J., at Spring Term, 1899, of LiNoolN Superior Court. Issues. ■ 1. Did the defendant negligently fail to> deliver the messages described in the complaint, or either’ of them ? Answer. “Yes.” 2. What are plaintiff’s damages? Answer. “$1,000.” J udgment accordingly for plaintiff. Appeal by defendant.

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Civil ActtoN for damages for failure to deliver two messages to the plaintiff announcing the death of his sister, tried before Goble, J., at Spring Term, 1899, of LiNoolN Superior Court. Issues. ■ 1. Did the defendant negligently fail to> deliver the messages described in the complaint, or either’ of them ? Answer. “Yes.” 2. What are plaintiff’s damages? Answer. “$1,000.” J udgment accordingly for plaintiff. Appeal by defendant. The facts are stated by Douglas, This was an action brought by the plaintiff to recover damages,for the negligent failure of the defendant to deliver two telegrams,…

1Opinion of the Court

Douglas, J.,

after stating the facts. The first exception can not be sustained. The question was competent, but in any event, was harmless, as the witness answered that he did not- know. Where a party is seeking to prove a fact, and the witness answers that he does not know, the answer is in fact more favorable to the opposite party than if the question- had been excluded, because it prevents any unfavorable inference. The point so clearly presented and elaborately discussed, whether the defendant company was bound to make inquiries beyond the local limits of free delivery, does not appear ta…

2Cases cited5 opinions

  1. Sherill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
  2. Brown v. Postal Telegraph Co.Supreme Court of North Carolina · 1892
  3. Western Union Telegraph Co. v. RobinsonTennessee Supreme Court · 1896
  4. Dowdy v. Western Union Telegraph Co.Supreme Court of North Carolina · 1899
  5. Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895

3Cited by54 opinions

  1. Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
  2. Green v. Telegraph Co.Supreme Court of North Carolina · 1904
  3. Bryan v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
  4. Russ v. . Telegraph Co.Supreme Court of North Carolina · 1943
  5. Cogdell v. Telegraph Co.Supreme Court of North Carolina · 1904

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