Western Union Telegraph Co. v. Catlett
Court of Appeals for the Fourth Circuit
In Error to the Circuit Court of the United States for the Western District of North Carolina, at Greensboro. Action by Dillie M. Catlett, administratrix of T. W. S. Catlett, deceased, against the Western Union Telegraph Company. Judgment for plaintiff, and defendant ’brings error.
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In Error to the Circuit Court of the United States for the Western District of North Carolina, at Greensboro. Action by Dillie M. Catlett, administratrix of T. W. S. Catlett, deceased, against the Western Union Telegraph Company. Judgment for plaintiff, and defendant ’brings error. Defendant in error, hereinafter called the plaintiff, sued plaintiff in error, hereinafter called defendant, in the superior court of Forsyth county, to recover damages incurred by the death of her intestate alleged to have been caused by the negligence of defendant’s servant. The cause upon defendant’s petition…
1Opinion of the CourtConnor, District Judge
(after stating the facts as above). Defendant’s first exception is directed to the refusal of his honor to insert in the issue the words “wantonly, carelessly, and cruelly,” used in the fourth paragraph of the complaint. The contention is based upon the proposition that plaintiff has “alleged one cause of action and proven another.” The vice in this proposition lies in the failure to note the distinction between the allegations upon which the cause of action is founded and those allegations which are material only as affecting the character and quantum of damages. The actionable facts alleged…
2Cases cited16 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Terminal Railroad v. Brotherhood of Railroad TrainmenSupreme Court of the United States · 1943
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
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3Cited by4 opinions
- Ohio Casualty Ins. Co. v. Welfare Finance Co.Court of Appeals for the Eighth Circuit · 1934
- Hewlett v. SchadelCourt of Appeals for the Fourth Circuit · 1934
- Erck v. ZeliosCourt of Appeals of Texas · 1966
- Ellis Ex Rel. Ellis v. Mutual Telephone Co.Hawaii Supreme Court · 1927