Johnson v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Ferguson, J., at Fall Term, 1918, of MacoN. This is an action to recover damages caused by the negligent delay in the transmission and delivery of an interstate message from Franklin, N. C., to Kingsport, Tenn., informing the plaintiff of the death of his wife. From the verdict and judgment the defendant appealed.
1Opinion of the Court
Glare:, C. J.
The complaint sets out three causes of action:
1. For mental anguish suffered by reason of the negligence of the defendant.
On the former appeal (175 N. C., 588) the Court held that this being an interstate message, recovery could not be had on that ground. The Court did not pass upon the other two grounds of action alleged.
2. There was delay in the proper transmission of the telegram, which prevented the plaintiff from leaving- on the first passenger train which passed after the time at which the message should have been delivered. He secured permission to travel in the caboose of…
2Cases cited5 opinions
- Chancey v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1917
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1915
- Garland v. Carolina, Clinchfield & Ohio Railway Co.Supreme Court of North Carolina · 1916
- Johnson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1918
- Brown v. Linville Railway Co.Supreme Court of North Carolina · 1917
3Cited by3 opinions
- Young v. Hickory Business FurnitureSupreme Court of North Carolina · 2000
- Blaylock v. Southern Railway Co.Supreme Court of North Carolina · 1919
- Western Union Telegraph Co. v. MurrowCourt of Appeals of Georgia · 1929