Young v. Western Union Telegraph Co.
Supreme Court of North Carolina
This was a civil ACTION, tried before Boykin, J., at the Fall Term, 1889, of Craven Superior Court, upon’ demurrer to the complaint.
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This was a civil ACTION, tried before Boykin, J., at the Fall Term, 1889, of Craven Superior Court, upon’ demurrer to the complaint. The complaint alleges, in substance, that on 26th of February, 1889, the step-father of plaintiff’s wife, at Greenville, S. C, at whose house the wife was on a visit; delivered to the defendant telegraph company the following telegram, paying the sum charged for its transmission: “Greenville, S. C., Feb. 26th, 1889. To J. T. Young, New Berne, N. C. Come in haste. Your wife is at the point of death. (Signed) J. W. Rice.” That the telegram was received by the…
1Opinion of the CourtClark, J.
after stating the facts: In addition to the ground of demurrer set out in the record, the defendant demurred ore terms in this Court, that the complaint did not state a sufficient cause of action, in that the plaintiff was not a party to the contract, and, therefore, could not maintain an action for its breach.
Upon the question whether the receiver can maintain the action, Shearman & Redfield on Negligence, §560, says: “ We think, therefore, upon the principle of these decisions, a telegraph company is responsible for its negligence to a person to whom a message is addressed, as well as to…
2Cases cited26 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Stuart v. Western Union Telegraph Co.Texas Supreme Court · 1885
- Western Union Telegraph Co. v. AdamsCourt of Appeals of Texas · 1889
- Terwilliger v. . WandsNew York Court of Appeals · 1858
21 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Stanback v. StanbackSupreme Court of North Carolina · 1979
- Johnson v. Ruark Obstetrics & Gynecology Associates, P.A.Supreme Court of North Carolina · 1990
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1925
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
81 more not listed; retrieve them via the Exa API.