Morton v. Western Union Telegraph Co.
Supreme Court of North Carolina
ActioN by Eliza T. Morton, administrator of Josephine Pelletier, 0. O. Morton and wife Eliza P. Morton, against the Western Union Telegraph Company, heard hy Judge 0. H. Allen, at October-,Term-, 1901, of the Superior Court of Ons-low County. The plaintiff administratrix is a daughter of the deceased, and the wife of her co-plaintiff.
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ActioN by Eliza T. Morton, administrator of Josephine Pelletier, 0. O. Morton and wife Eliza P. Morton, against the Western Union Telegraph Company, heard hy Judge 0. H. Allen, at October-,Term-, 1901, of the Superior Court of Ons-low County. The plaintiff administratrix is a daughter of the deceased, and the wife of her co-plaintiff. The deceased, Josephine Pelletier, was, át the time the telegram was sent, residing with the plaintiffs in the town of Jacksonville, N. C., and was very ill with pneumonia. Among other allegations, the complaint contains the following: “6. That on the 21st day…
1Opinion of the Court
Douglas, J.,
after stating the facts. We will consider both appeals together, as the questions are so intimately connected.
We think the second ground of demurrer was properly sustained. Section 1491 of The Code provides that: “The following rights in action do not survive: 2. Causes of action for false imprisonment, assault and battery, or other injury to the person, where such injury does not cause the death of the injured party.” Harper v. Commissioners, 123 N. C., 118. Viewed asi an actionable injury, mental anguish must be taken to- be an injury to the person within the meaning of the…
2Cases cited3 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- State Ex Rel. Cromartie v. ParkerSupreme Court of North Carolina · 1897
- Harper v. Commissioners of Nash CountySupreme Court of North Carolina · 1898
3Cited by29 opinions
- Gressman v. StateUtah Supreme Court · 2013
- Guyton v. PhillipsCourt of Appeals for the Ninth Circuit · 1979
- Citizens National Bank v. Angelo Bros.Supreme Court of North Carolina · 1927
- Roberts v. Utility Manufacturing Co.Supreme Court of North Carolina · 1921
- Gray v. WallaceSupreme Court of Missouri · 1958
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