Sherill v. Western Union Telegraph Co.
Supreme Court of North Carolina
Civil ACTION, for damges for the non-delivery of a telegraphic message by a telegraph company, tried before Bryan, J., and a jury, at November Term, 1894, of Iredell Superior Court. From the judgment, on a verdict for defendant, the plaintiff appealed. The facts sufficiently appear in the opinion of Associate Justice Clark.
1Opinion of the Court
Clark, J.:
The plaintiff having shown the delivery of the message to the defendant, with the charges prepaid (and it would have been the same if the defendant had accepted the message with charges to be collected), and the failure to deliver the message, a prima faeie case was made out and the burden rested on the defendant to show matter to excuse its failure. Thompson on Electr., Sec. 274, and cases cited; Bartlett vs. Tel. Co., 16 Am. St. Repts., 447; Pearsall v. Tel. Co., 21 Am. Rep., 662. The Court erred in granting the defendant’s second prayer for instruction that “upon all the…
2Cases cited4 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
- Brown v. Postal Telegraph Co.Supreme Court of North Carolina · 1892
3Cited by32 opinions
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Wolfe v. North CarolinaSupreme Court of the United States · 1960
- Kennon v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Neal v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Green v. Telegraph Co.Supreme Court of North Carolina · 1904
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