Sparkman v. Western Union Telegraph Co.
Supreme Court of North Carolina
ActioN by S. B. Sparkmau against the Western Union Telegraph Company, heard by Judge Walter H. Neal and a jury, at January Term, 1901, of the Superior Court of Due-ham County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtMontgomery, J.
The plaintiff, who resided in Durham, N. C., received, on the 11th March, 1901, at 2:10 p. m., a telegram, by the defendant’s system, in these words: “Little Bock, Ark., March 11, 1901. S. B. Sparkman, 216 Glenn street, Durham, N. C. — Your brother, E. Sparkman, died on the 10th. S. Johnson.” About two hours later of the same day, the plaintiff delivered to the defendant, at its office in Durham, a message in the following words: “Durham, N. C., March 11, 1901. S'. Johnson, Little Eock, Ark. Shall we look for Mm, or what are you going to do ? S. B. Sparkman.”
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2Cases cited3 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Rowell v. Western Union Telegraph Co.Court of Appeals of Texas · 1889
- Darlington v. Western Union Telegraph Co.Supreme Court of North Carolina · 1900
3Cited by6 opinions
- Dayvis v. Telegraph Co.Supreme Court of North Carolina · 1905
- Western Union Telegraph Co. v. HollingsworthSupreme Court of Arkansas · 1907
- Middleton v. Western U. Tel. Co.Supreme Court of Alabama · 1913
- Maley v. Western Union Telegraph Co.Supreme Court of Iowa · 1911
- Bagby v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1915
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