Smith v. Postal Telegraph-Cable Co.
Supreme Court of North Carolina
Appeal by defendant from Lane, J., at June Term, 1914, of Guil-eoed. This action was brought to, recover damages for an alleged delay in the delivery of a telegram filed with the defendant at 2 :30 o’clock p. m., on 23 June, 1913, addressed by A. S. Adams, at Angier, N. 0., to Annie E. Smith, feme plaintiff, High Point, N. C., which read as follows: “Baby died this evening. Come.”
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Appeal by defendant from Lane, J., at June Term, 1914, of Guil-eoed. This action was brought to, recover damages for an alleged delay in the delivery of a telegram filed with the defendant at 2 :30 o’clock p. m., on 23 June, 1913, addressed by A. S. Adams, at Angier, N. 0., to Annie E. Smith, feme plaintiff, High Point, N. C., which read as follows: “Baby died this evening. Come.” At the_ time of its delivery to the operator at Angier, he asked for a better address — the correct street and number — and was told that it was not remembered at the time, and to “Send it anyway,” which he did. At…
1Opinion of the Court
Waleer, J.,
after stating the case: The telegraphic correspondence between the' parties shows that the first message in the series, in the transmission and delivery of which negligence is charged against the defendant, was handed by the messenger to the husband of the plaintiff some time before 8 :25 o’clock a. m. on 24 June, 1913, as the husband, W. A. Smith, wired back to A. S. Adams, at Angier, for the full name of the person who had died, which was received at Angier at 8 :25 a. m. He would not have sent such a message had he not known that some one had died, and he could only have…
2Cases cited12 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Boon v. . MurphySupreme Court of North Carolina · 1891
- Patterson v. . MillsSupreme Court of North Carolina · 1897
- Yow v. Hamilton.Supreme Court of North Carolina · 1904
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3Cited by3 opinions
- Wilson v. . ScarboroSupreme Court of North Carolina · 1915
- Hulin v. Western Union Telegraph Co.Supreme Court of North Carolina · 1921
- Hocutt v. . Telegraph Co.Supreme Court of North Carolina · 1908