Sherrill v. Western Union Telegraph Co.
Supreme Court of North Carolina
This was á civil ACTION, heard before Armfield, J., upon complaint and demurrer, at August Term, 1891, of Iredell Superior Court.
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This was á civil ACTION, heard before Armfield, J., upon complaint and demurrer, at August Term, 1891, of Iredell Superior Court. The complaint alleged— 3. That at the time, hereinafter to be mentioned, the plaintiff was in Iredell Comity and State of North Carolina, at his father’s, Franklin Sherrill, on a visit; that at his home in Max, Indiana, he left M. C. Sherrill, his sister, and housekeeper, his wife being dead, and a daughter named Lou, all in good and sound health. 4, That on the 1st day of December, 1890, at the office of said corporation, in the city of Lebanon, State of Indiana,…
1Opinion of the Court
Clark, J.:
The complaint states, “ a copy of the said telegraph message is hereto attached and asked to be made a part of the complaint.” This “ copy” is a copy of the telegraph blank with the message written thereon, and contains the proviso on the margin, “ The company will not be liable for damages, in any case where the claim is not presented in writing within sixty days after sending the message.” The contention of the plaintiff that nothing is thereby made a part of-the complaint except the words of the message itself is unfounded. The words of the bare message itself were already set…
2Cases cited7 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Burton v. LarkinSupreme Court of Kansas · 1887
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
- Thompson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Chapman v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
- Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
- Sherill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- Lyne v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
58 more not listed; retrieve them via the Exa API.