Smith v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Cooke, J., at September Term, 1914, of CUMBERLAND. Tbis action was brought to recover damages for failure to deliver a message, addressed to plaintiff at Fayetteville, N. C., by Ms sister, Mrs. H. C. Freeman, at Lumberton, N. 0., at 11:30 a. m. on 8 May, 1913, in tbe following words: “Mother died yesterday. Buried this afternoon.”
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Appeal by defendant from Cooke, J., at September Term, 1914, of CUMBERLAND. Tbis action was brought to recover damages for failure to deliver a message, addressed to plaintiff at Fayetteville, N. C., by Ms sister, Mrs. H. C. Freeman, at Lumberton, N. 0., at 11:30 a. m. on 8 May, 1913, in tbe following words: “Mother died yesterday. Buried this afternoon.” It is admitted by tbe defendant in its brief that there was some evidence of negligence, sufficient to carry the case to the jury. Plaintiff did not reside in Fayetteville, but 3 miles from there, in the country. The operator received the…
1Opinion of the Court
WalKer, J.,
after stating the case: If the defendant’s witnesses testified truthfully in this case, the defendant performed its duty and is not liable to the plaintiff for anything. It transmitted the message promptly from Lumberton to Fayetteville, caused search to be made for the sendee at that place, and, failing to find him, used the telephone unsuccessfully for' the purpose of communicating with him. It then wired back to the sender for payment or a guarantee of the charge of 75 cents for the extra service in delivering beyond the place to which the message was addressed. So far, it was…
2Cases cited11 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Thompson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
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3Cited by4 opinions
- State v. KnightSupreme Court of North Carolina · 1964
- Bryan v. . Telegraph Co.Supreme Court of North Carolina · 1903
- Moore v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1926
- State v. KnightSupreme Court of North Carolina · 1964