Lassiter v. Western Union Telegraph Co.
Supreme Court of North Carolina
CrvTL ACTION tried at July Special Term, 1882, of "Vance Superior Court, before Graves, J. The plaintiff, himself engaged in buying and selling cotton, and having his residence and place of business at Henderson, had consigned a number of bales to J. J. Thomas, his factor and correspondent at Raleigh, with directions to keep him advised of the state of the market, intending to hold the same for an advance in price for cotton of that grade to ten and three-fourths cents per…
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CrvTL ACTION tried at July Special Term, 1882, of "Vance Superior Court, before Graves, J. The plaintiff, himself engaged in buying and selling cotton, and having his residence and place of business at Henderson, had consigned a number of bales to J. J. Thomas, his factor and correspondent at Raleigh, with directions to keep him advised of the state of the market, intending to hold the same for an advance in price for cotton of that grade to ten and three-fourths cents per pound. On June 3d, 1881, the consignee delivered at the defendant’s agency in Raleigh, for transmission to the plaintiff,…
1Opinion of the Court
Smith, C. J.,
after stating the above. While there are cases which with great force question the right of a telegraphic com pany, engaged in a form of public service by rules restrictive of the liability incident to its business in conveying messages between remote points, to protect itself from the consequences of gross neglect or unnecessary and inexcusable delay in the delivery of even unrepeated messages (as in Telegraph Co. v. Tyler, 64 Ill., 168; Dorgan v. Telegraph Co., in United States circuit court, southern district of Alabama, reported in 1 American Law Times, 406, and in other…
Also in this document: Concurrence.
2Cases cited6 opinions
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Western Union Telegraph Co. v. CarewMichigan Supreme Court · 1867
- Grinnell v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1873
- Birney v. New York & Washington Printing Telegraph Co.Court of Appeals of Maryland · 1862
- Young v. . Western Union Telegraph Co.New York Court of Appeals · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Thompson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Brown v. Postal Telegraph Co.Supreme Court of North Carolina · 1892
- Gillis v. Western Union Telegraph Co.Supreme Court of Vermont · 1889
- Cannon v. Western Union Telegraph Co.Supreme Court of North Carolina · 1888
7 more not listed; retrieve them via the Exa API.