Leavell v. Western Union Telegraph Co.
Supreme Court of North Carolina
This was a COMPLAINT, heard before the Railroad Commission, injRaleigh, on the 13th November, 1894. The complaint was filed August 21,1894, alleging a violation of the tariff rate prescribed by the Commission for the transmission of telegraphic messages.
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This was a COMPLAINT, heard before the Railroad Commission, injRaleigh, on the 13th November, 1894. The complaint was filed August 21,1894, alleging a violation of the tariff rate prescribed by the Commission for the transmission of telegraphic messages. The plaintiff alleged that on August 17, 1894, he delivered a ten-word message to tlie defendant, at Wilson, N. C., to be transmitted to Edenton, N. C., and was required by the defendant to pay fifty cents for the transmission of the message, and that this was a violation of the rate prescribed by the Nailroad Commission of North Carolina.…
1Opinion of the Court
Clark, J.:
In Express Co. v. Railroad, 111 N. C., 463, this Court affirmed the constitutionality of the act (Ch. 320, Acts 1891) establishing the Railroad and Telegraph Commission. In Mayo v. Telegraph Co., 112 N. C., 343, it sustained the power of such Commission under Section 26 of said act, to establish rates for telegraph companies. In Railroad Commisson v. Telegraph Co. (Albea’s case), 113 N. C., 213, the Court held that telegraphic messages transmitted by a company from and to points in this State, although traversing another State in the route, do not constitute inter-state commerce and…
2Cases cited5 opinions
- Lehigh Valley Railroad v. PennsylvaniaSupreme Court of the United States · 1892
- Atlantic Express Co. v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- State ex rel. Railroad Commissioners v. Western Union Telegraph Co.Supreme Court of North Carolina · 1893
- Campbell v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
- Mayo v. Western Union Telegraph Co.Supreme Court of North Carolina · 1893
3Cited by7 opinions
- Clinton-Dunn Telephone Co. v. Carolina Telephone & Telegraph Co.Supreme Court of North Carolina · 1912
- Joyner v. . Reflector Co.Supreme Court of North Carolina · 1918
- Pate v. . R. R.Supreme Court of North Carolina · 1898
- Telephone Co. v. . Telephone Co.Supreme Court of North Carolina · 1912
- State ex rel. Board of Railroad Commissioners v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1898
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