Brown v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by plaintiffs from Ferguson, J., at the November Term, 1914, of Edgecombe. Action to recover damages for mental anguish, caused, as the plaintiff alleges, by the negligence of the defendant for failure to receive and deliver- a telegram. The plaintiff introduced evidence tending to prove that the telegram' was delivered to the Onslow Telephone Company at Richlands and was then transmitted to the defendant at Jacksonville.
Read the full summary
Appeal by plaintiffs from Ferguson, J., at the November Term, 1914, of Edgecombe. Action to recover damages for mental anguish, caused, as the plaintiff alleges, by the negligence of the defendant for failure to receive and deliver- a telegram. The plaintiff introduced evidence tending to prove that the telegram' was delivered to the Onslow Telephone Company at Richlands and was then transmitted to the defendant at Jacksonville. Evidence was introduced tending to prove that the telegram was never received at Jacksonville. There was also evidence tending to prove that there was some difficulty…
1Opinion of the CourtAlleN, J.
The liability of the defendant depends, under his Honor’s charge, upon the single question as to whether the agent of the defendant at Jacksonville understood the message which the operator of the telephone company attempted to transmit, and this is free from objection, unless there is evidence that the agent of the telephone company was also the agent of the defendant telegraph company.
If there is evidence of this fact tbe charge is erroneous, because it prevented the jury from considering an aspect of the case favorable to the plaintiff, and which might have been determinative of the first…
2Cases cited1 opinion
- Pegram v. . StoltzSupreme Court of North Carolina · 1872
3Cited by4 opinions
- Martin Flying Service v. MartinSupreme Court of North Carolina · 1950
- Martin Flying Service, Inc. v. MartinSupreme Court of North Carolina · 1950
- First National Bank v. RobertsSupreme Court of Colorado · 1921
- Whichard v. LipeSupreme Court of North Carolina · 1942