Norris v. Western Union Telegraph Co.
Supreme Court of North Carolina
Orvn, actioN tried before Daniels, J., at tbe April Term, 1917, of Chowan. This action was brought to recover damages of defendant for negligently failing to deliver a telegraphic message, which was filed with the defendant at Sebrill, Va., on 27 August, 1916, to be transmitted by it to the plaintiff at Edenton, N. 0., announcing the death of his mother and the day of her funeral.
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Orvn, actioN tried before Daniels, J., at tbe April Term, 1917, of Chowan. This action was brought to recover damages of defendant for negligently failing to deliver a telegraphic message, which was filed with the defendant at Sebrill, Va., on 27 August, 1916, to be transmitted by it to the plaintiff at Edenton, N. 0., announcing the death of his mother and the day of her funeral. Defendant negligently failed to deliver the message, and by reason thereof the defendant was prevented from attending his mother’s funeral. The jury returned the following verdict: 1. Did the defendant, after the…
1Opinion of the Court
Walker, J.,
after stating the case: This case is governed by our decision at the last term in Meadows v. W. U. Tel. Co. There we held that by the Act of 18 June, 1910, Congress has taken possession of the entire field of commerce with respect to telegraphs and telephones of an interstate character and of messages transmitted from one State to another through the medium of the electric telegraph. The plaintiff was consequently denied a recovery because the case was governed by the Federal law. The plaintiff’s message was an unrepeated one, and while this Court has held in.numerous cases that…
2Cases cited5 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Southern Express Co. v. ByersSupreme Court of the United States · 1916
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1914
- Durre v. Western Union Telegraph Co.Wisconsin Supreme Court · 1917
- Penn v. Western Union Telegraph Co.Supreme Court of North Carolina · 1912
3Cited by15 opinions
- State v. DavisSupreme Court of North Carolina · 1960
- Overnite Transportation Co. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & HelpersSupreme Court of North Carolina · 1962
- Western Union Telegraph Co. v. KilgoreCourt of Appeals of Texas · 1919
- Thomas G. Hardie & Co. v. Western Union Telegraph Co.Supreme Court of North Carolina · 1925
- Frederick v. Western Union Telegraph Co.Supreme Court of Iowa · 1920
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