Johnson v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Devin, J., at September Term, 1915, of J OHNSTON. Civil action, tried upon these issues: 1. Did tbe defendant negligently fail to deliver tbe message witb reasonable promptness, as alleged in tbe complaint? Answer: “Yes.” 2. -If so, did tbe acts and omissions constituting negligence occur in tbe State of North Carolina?. Answer: “Yes.” 3. If tbe message bad been delivered in a reasonable time, could and would tbe plaintiff have gone to and been witb…
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Appeal by defendant from Devin, J., at September Term, 1915, of J OHNSTON. Civil action, tried upon these issues: 1. Did tbe defendant negligently fail to deliver tbe message witb reasonable promptness, as alleged in tbe complaint? Answer: “Yes.” 2. -If so, did tbe acts and omissions constituting negligence occur in tbe State of North Carolina?. Answer: “Yes.” 3. If tbe message bad been delivered in a reasonable time, could and would tbe plaintiff have gone to and been witb her son, as alleged in tbe complaint? Answer: “Yes.” 4. What damage, if any, has tbe plaintiff sustained on account of…
1Opinion of the CourtBeown, J.
This is an action to recover damages brought by the sendee of the following telegram:
Mount Holly, S. 0., January 6, 1914.
Mes. Lizzie Johnson, Smithfield, N. C.
Deae Mothee : — Please come at once. I am very low.
Your son, E. L. Johnson.
It is admitted that there was due diligence in the transmission of the message, but the negligence consists in failure to use due diligence to deliver the message to sendee at Smithfield. It was received at that office at 8:41 p. m., 6 January, in about two hours after it-was filed in the Mount Holly office. It was not delivered until 9 January at 3:30 p. m., a…
2Cases cited3 opinions
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Henry v. . CannonSupreme Court of North Carolina · 1882
- Woods v. Western Union Telegraph Co.Supreme Court of North Carolina · 1908
3Cited by4 opinions
- Gadsden v. George H. Crafts & Co.Supreme Court of North Carolina · 1918
- Dorsey v. . CorbettSupreme Court of North Carolina · 1925
- Mumpower v. Black Mountain Railway Co.Supreme Court of North Carolina · 1917
- Western Union Telegraph Co. v. CatesCourt of Appeals of Texas · 1926