LeHue v. Western Union Telegraph Co.
Supreme Court of North Carolina
Civil actioN, beard on demurrer to' complaint, before Devin, J., at ' March Term, 1917, of Wake. The action was to recover damages, including that for mental anguish, caused by alleged negligence of the defendant in failing .to deliver a telegram. Judgment overruling the demurrer, and defendant excepted and appealed.
1Opinion of the CourtHoke, J.
It is well established in this jurisdiction that, in proper instances, damages for mental anguish can be recovered for negligent failure to deliver an intrastate message, and that in case of public-service companies an action therefor will lie, either in contract or tort. Penn v. Telegraph Co., 159 N. C., 306; Va. Peanut Co. v. R. R., 155 N. C., 148; Bright v. Telegraph Co., 132 N. C., 317.
In the former case the positions held to be controlling with us are stated as follows:
“Under certain circumstances, substantial damages for mental anguish may be recovered against a telegraph company for…
2Cases cited1 opinion
- Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
3Cited by1 opinion
- Lehue v. Western Union Telegraph Co.Supreme Court of North Carolina · 1918