Ellison v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Long, J., at Spring Term, 1913, Of WASHINGTON. •This and the case of Harrison v. Telegraph Go., involving practically the same questions and arising out of the same transaction, were consolidated in this Court and argued together. There was evidence for the plaintiffs, Aline Ellis.on' and Annie Harrison, that they were adopted hy Sue Wright as her daughters, and reared and educated by ber, Annie being her niece and Aline her husband’s niece.
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Appeal by defendant from Long, J., at Spring Term, 1913, Of WASHINGTON. •This and the case of Harrison v. Telegraph Go., involving practically the same questions and arising out of the same transaction, were consolidated in this Court and argued together. There was evidence for the plaintiffs, Aline Ellis.on' and Annie Harrison, that they were adopted hy Sue Wright as her daughters, and reared and educated by ber, Annie being her niece and Aline her husband’s niece. They lived in her home from a very tender age — 3 and I years respectively — and were treated as her children and lived there as…
1Opinion of the Court
WalKER, J.,
after stating the case: It appears tbat there was sufficient evidence of negligence on tbe part of tbe defendant in failing to send tbe message on tbe afternoon of 25 January. It was shown tbat both agents were in tbeir offices until U o’clock p. m., and while tbe operator at Plymouth testified tbat be called tbe office at Jamesville and failed to get any response, tbis was not conclusive upon tbe jury, and they could find upon all tbe facts and circumstances tbat no effort was made to send tbe message. It is a suspicious circumstance, which they might consider, tbat tbe agent at…
2Cases cited12 opinions
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
- Sherill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- Hancock v. Telegraph Co.Supreme Court of North Carolina · 1905
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Webb v. Western Union Telegraph Co.Supreme Court of North Carolina · 1914
- Hoaglin v. . Telegraph Co.Supreme Court of North Carolina · 1913
- Medlin v. Western Union Telegraph Co.Supreme Court of North Carolina · 1915
- Betts v. . Telegraph Co.Supreme Court of North Carolina · 1914
- Betts v. Western Union Telegraph Co.Supreme Court of North Carolina · 1914
5 more not listed; retrieve them via the Exa API.