Alexander v. . Telegraph Co.
Supreme Court of North Carolina
AotioN by Sam Alexander against Western Union Telegraph Co., beard by Judge G. W. Ward and a jury, at the September Term, 1905, of the Superior Court of AlamaNCE. This was an action to recover damages for negligence alleged in the delivery of a telegram addressed by Eli Alexander at Burlington N. C., to Sam Alexander, the plaintiff, at Spray, N. C., announcing to the plaintiff the death of his brother-in-law, and requesting the plaintiff to come at once.
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AotioN by Sam Alexander against Western Union Telegraph Co., beard by Judge G. W. Ward and a jury, at the September Term, 1905, of the Superior Court of AlamaNCE. This was an action to recover damages for negligence alleged in the delivery of a telegram addressed by Eli Alexander at Burlington N. C., to Sam Alexander, the plaintiff, at Spray, N. C., announcing to the plaintiff the death of his brother-in-law, and requesting the plaintiff to come at once. These issues were submitted to the jury: 1. Was the defendant guilty of negligence as alleged in the complaint? Yes. 2. What damage, if any,…
1Opinion of the CourtBrown, J.
1. His Honor properly instructed the jury that in any view of the evidence, if believed, the defendant was guilty of negligence, and to answer the first issue “yes.” The telegram, was delivered at the defendant’s office in Burlington for transmission at 1 o’clock p. m., November 22, and was not delivered at Spray until the next morning after 8 o’clock. This made out a prima facie case of negligence, and there is nothing to rebut it.
2. The court properly permitted the plaintiff to testify that the telegram was delivered to him at 9 :25 a. „m., November 23. There is nothing in the complaint…
2Cases cited3 opinions
- Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
- Hunter v. Telegraph Co.Supreme Court of North Carolina · 1904
3Cited by2 opinions
- Hulin v. . Tel. Co.Supreme Court of North Carolina · 1923
- Hulin v. Western Union Telegraph Co.Supreme Court of North Carolina · 1923