Thompson v. Western Union Telegraph Co.
Supreme Court of North Carolina
This was a civil ACTION, tried before Bynum, J., and a jury, at April Term, 1889, of Caswell Superior Court. , The plaintiff’s wife being about to be confined, and at that time in Danville, Va., her son, by her direction, delivered a telegram to agent of defendant company in Danville, Va., addressed to her husband at Milton, N. C., “Father, come at once; mother is sick,” and paid for the same.
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This was a civil ACTION, tried before Bynum, J., and a jury, at April Term, 1889, of Caswell Superior Court. , The plaintiff’s wife being about to be confined, and at that time in Danville, Va., her son, by her direction, delivered a telegram to agent of defendant company in Danville, Va., addressed to her husband at Milton, N. C., “Father, come at once; mother is sick,” and paid for the same. The telegram -was not delivered till next day, in the afternoon, a delay, according to the ’conflict of evidence, of twenty-four to twenty-eight hours. By reason of the delay, the plaintiff complained…
1Opinion of the Court
Clark, J.:
This is a petition to rehear the case reported in 106 N. C., 549.
Upon a careful review7 of the former opinion of the Court, ■we think the petition should be allowed. The fifth paragraph of the charge is a substantial compliance with plaintiff’s sixth request to charge. There is no specified exception to the charge. The appellant cannot be heard to complain of an instruction not excepted to, especially when it follows, in substance, his prayer of instruction.
The Court was misled by the somewhat confusing “makeup ” of the lengthy record into supposing that defendant’s seventh prayer…
2Cases cited8 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Westers Union Telegraph Co. v. CooperTexas Supreme Court · 1888
- Western Union Telegraph Co. v. BroescheTexas Supreme Court · 1889
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
- Gillis v. Western Union Telegraph Co.Supreme Court of Vermont · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Mentzer v. Western Union Telegraph Co.Supreme Court of Iowa · 1895
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Connelly v. Western Union Telegraph Co.Supreme Court of Virginia · 1902
- Lyne v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
- Shepard v. Telegraph Co.Supreme Court of North Carolina · 1906
22 more not listed; retrieve them via the Exa API.