Medlin v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at the Spring Term, 1915, of Halifax. Plaintiff sued for damages on account of tbe alleged negligent failure to deliver a telegram in the following words and figures: Ohablotte, 4 May, 1914. To Beccia Medlin, Care Mill, Rosemary, N. C. Come home at once. Your mother is dead, Elizabeth Edwards. Eush. (Signed) S. C. McCall.
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Appeal by defendant from Ferguson, J., at the Spring Term, 1915, of Halifax. Plaintiff sued for damages on account of tbe alleged negligent failure to deliver a telegram in the following words and figures: Ohablotte, 4 May, 1914. To Beccia Medlin, Care Mill, Rosemary, N. C. Come home at once. Your mother is dead, Elizabeth Edwards. Eush. (Signed) S. C. McCall. Elizabeth Edwards, mother of plaintiff, had died in Charlotte at 8 o’clock in the morning of 4 May, 1914, which was Monday, and the message was sent by S. C. McCall, at the instance and request of Mrs. Mary C. Jonas, sister of…
1Opinion of the Court
Walker, J.,
after stating the facts as above: The evidence in this record shows a flagrant case of negligence, not only in one respect, but in several. The defendant, for a consideration, undertook to transmit and deliver this message to the sendee at Eosemary Mills, and it did neither with that degree of care, nor with a proper regard for her rights, which the law and its express agreement exacted of it. There was negligence in the transmission of the message, as it was sent to "Weldon, N. 0., when both its duty and its custom required that it should have been sent to its office at Roanoke…
2Cases cited10 opinions
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Cogdell v. Telegraph Co.Supreme Court of North Carolina · 1904
- Hinson v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1903
- Ellison v. Western Union Telegraph Co.Supreme Court of North Carolina · 1913
- Cogdell v. . Telegraph Co.Supreme Court of North Carolina · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Russ v. . Telegraph Co.Supreme Court of North Carolina · 1943
- Michaux v. Paul Rubber Co.Supreme Court of North Carolina · 1925
- Russ v. Western Union Telegraph Co.Supreme Court of North Carolina · 1943
- Hoaglin v. . Telegraph Co.Supreme Court of North Carolina · 1913
- Kivett v. . Telegraph Co.Supreme Court of North Carolina · 1911
2 more not listed; retrieve them via the Exa API.