Beal v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at tie February Term, 1910, of CHATHAM. Civil action to recover damages for failure to deliver a tele--gram. The following is a copy of the telegram as set out in the complaint: Aug. 22, 1907. J. W. Beal, Gulf, N. C. Come at once. Bob hurt very bad. A. B. Jenkins, Yass, N. C. The telegram it is admitted was not delivered to the sendee, and this action is brought to recover damages for alleged mental anguish.
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Appeal from Lyon, J., at tie February Term, 1910, of CHATHAM. Civil action to recover damages for failure to deliver a tele--gram. The following is a copy of the telegram as set out in the complaint: Aug. 22, 1907. J. W. Beal, Gulf, N. C. Come at once. Bob hurt very bad. A. B. Jenkins, Yass, N. C. The telegram it is admitted was not delivered to the sendee, and this action is brought to recover damages for alleged mental anguish. These issues were submitted to the jury: 1. Did plaintiff, within sixty days after he had learned that the message had not been delivered, present to the defendant…
1Opinion of the CourtBbowN, J.
The plaintiff lived with his father, the sendee in the telegram, at Gulf, N. 0., but on 22 August, 1907, was residing near Lake Yiew, Moore County, N. C., working in a saw mill, where on the above date he was seriously and painfully injured, about 8 a. m:., and taken'to the station at Lake Yiew at once and carried to Sanford, reaching there about 2 p. m.
The telegram in question was sent at the request of plaintiff by his friend A. B. Jenkins from Yass, one mile from Lake Yiew, and the nearest telegraph office. The telegram was written down by Taylor, the operator at Yass, at the request of…
2Cases cited3 opinions
- Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Kernodle v. . Telegraph Co.Supreme Court of North Carolina · 1906
- Hancock v. . Telegraph Co.Supreme Court of North Carolina · 1905