Hulin v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Finley, J., at December Term, 1922, of RANDOLPH. Civil action for damages, tried upon the following issues: “1. Did the defendant negligently fail to transmit and deliver the telegram from Troy, N. C., as alleged in the complaint? Answer: ‘Yes.’ “2. Did the defendant negligently fail to deliver a service message to the sender, as alleged in the complaint? Answer: ‘Yes.’ “3. What damage, if any, is the plaintiff entitled to recover of the defendant?…
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Appeal by defendant from Finley, J., at December Term, 1922, of RANDOLPH. Civil action for damages, tried upon the following issues: “1. Did the defendant negligently fail to transmit and deliver the telegram from Troy, N. C., as alleged in the complaint? Answer: ‘Yes.’ “2. Did the defendant negligently fail to deliver a service message to the sender, as alleged in the complaint? Answer: ‘Yes.’ “3. What damage, if any, is the plaintiff entitled to recover of the defendant? Answer: ‘$1,250.’” Judgment on the verdict for plaintiff. Defendant appealed.
1Opinion of the CourtStacy, J.
This case was before us at the Fall Term, 1921, and is reported in 182 N. C., 541. A new trial having been granted on the first appeal, the case was tried again at the December Term, 1922, of Randolph Superior Court, and resulted in a verdict for the plaintiff as above set out. On the argument before us in the present appeal, defend*471ant relied chiefly upon its exception to the overruling of its motion for judgment as of nonsuit. Viewing the evidence in its most favorable light for the plaintiff, the accepted position on a motion of this kind, we find the following facts sufficiently…
2Cases cited5 opinions
- Carter v. . Telegraph Co.Supreme Court of North Carolina · 1906
- Union Pacific Railway Co. v. YoungSupreme Court of Kansas · 1878
- Barnes v. Postal Telegraph-Cable Co.Supreme Court of North Carolina · 1911
- Alexander v. . Telegraph Co.Supreme Court of North Carolina · 1906
- Hulin v. Western Union Telegraph Co.Supreme Court of North Carolina · 1921
3Cited by1 opinion
- Bowles Automotive, Inc. v. North Carolina Division of Motor VehiclesCourt of Appeals of North Carolina · 2010