Gardner v. Postal Telegraph & Cable Co.
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at February Term, 1915, of Fobsyth. Civil action to recover damages for negligent failure to deliver a telegraphic message.
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Appeal by defendant from Webb, J., at February Term, 1915, of Fobsyth. Civil action to recover damages for negligent failure to deliver a telegraphic message. There was evidence on part of plaintiff tending to show that plaintiff firm were retail grocers doing a general business of that kind in the city of Winston, N. C., and Phillips & Co. were wholesale produce dealers, doing business in Norfolk, Ya.; that plaintiffs at this time were handling in their trade on an average of two to three car-loads of cabbage every week, in May about 300 crates, much of it ordered from Phillips & Co., all of…
1Opinion of the Court
HoKe, J.,
after, stating the facts: A telegraph company sued for breach of contract for failure to properly transmit and deliver a commercial message may be held liable as in other cases, on breach established, for such damages as were in reasonable contemplation of the parties and which are capable of ascertainment with a reasonable degree of certainty. Williamson v. Tel. Co., 151 N. C., 223; Furniture Co. v. Express Co., 148 N. C., 87; Tel. Co. v. Hall, 124 U. S., 444; Thompson on Electricity, sec. 310. And the significance of the expression, “Within the reasonable contemplation of the…
2Cases cited15 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
- Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Johnson v. . R. R.Supreme Court of North Carolina · 1922
- Nance v. Western Union Telegraph Co.Supreme Court of North Carolina · 1919
- Nance v. . Telegraph Co.Supreme Court of North Carolina · 1919
- Johnson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1922
4 more not listed; retrieve them via the Exa API.