Speight v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Kerr, J., at November Term, 1918, of Halifax. This was an action for damages for the negligent alteration in the transmission of a telegram from Greenville, N. 0., to Rosemary, N. 0., both in this State. The message was as follows: “Ge,eeNville, N. 0., 9:45 A. M. Mrs. Addie Speight, 1-24-18. Rosemary, N. C. Father died this morning. Fiineral tomorrow, 10:10 a. m. Appie 0. Smith.”
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Appeal by defendant from Kerr, J., at November Term, 1918, of Halifax. This was an action for damages for the negligent alteration in the transmission of a telegram from Greenville, N. 0., to Rosemary, N. 0., both in this State. The message was as follows: “Ge,eeNville, N. 0., 9:45 A. M. Mrs. Addie Speight, 1-24-18. Rosemary, N. C. Father died this morning. Fiineral tomorrow, 10:10 a. m. Appie 0. Smith.” This message was delivered to the plaintiff at Rosemary, N. 0., on the same day with the date changed from 24 January to 23 January, 1918, thus making the telegram read “Father died this…
1Opinion of the CourtClaek, C. J.
We do not think it necessary to pass upon the question presented by the defendant’s appeal for we deeni that as a matter of law this was an intrastate message and hence governed by our decisions, and it is immaterial whether the message was sent through Weldon, N. C., to Richmond, Ya., and thence to-Norfolk, Ya., and thence back through Weldon, N. C., to Rosemary, N. C., in order to evade the North Carolina laws applicable to the transmission of messages of this nature in intrastate commerce, or whether this remarkable circumlocutory method of transmission was due solely to the method which…
2Cases cited8 opinions
- Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
- Lehigh Valley Railroad v. PennsylvaniaSupreme Court of the United States · 1892
- Bateman v. Western Union Telegraph Co.Supreme Court of North Carolina · 1917
- State ex rel. Railroad Commissioners v. Western Union Telegraph Co.Supreme Court of North Carolina · 1893
- Campbell v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Utilities Commission v. Thrifty Call, Inc.Court of Appeals of North Carolina · 2002
- Commissioners v. . Telegraph Co.Supreme Court of North Carolina · 1893
- Whitley v. . PowellSupreme Court of North Carolina · 1926
- Ingram v. HughesSupreme Court of South Carolina · 1933
- Weil v. . DavisSupreme Court of North Carolina · 1915
1 more not listed; retrieve them via the Exa API.