Walker v. Western Union Telegraph Co.
Supreme Court of North Carolina
This was a civil action, tried at Fall Term, 1893, of the Superior Court of Davidson County; before Whitaker, J., and a jury.
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This was a civil action, tried at Fall Term, 1893, of the Superior Court of Davidson County; before Whitaker, J., and a jury. The complaint was as follows: The plaintiff complains and alleges: “1. That the defendant is a corporation duly organized, and is and was in the month of December, 1891, engaged in receiving and transmitting by means of electrical wires messages between the city of Washington, District of Columbia, and the town of Lexington, State of North Carolina, for the public and receiving compensation therefor. “2. That on the 17th day of December, 1891, the said company received…
1Opinion of the Court
MaoRae, J.:
The telegram set out in the complaint does not constitute an offer or tender of an office by the Comptroller to the plaintiff. It is an inquiry whether the plaintiff would accept a position named at the compensation stated. If it had been promptly delivered, as it should have been, and an affirmative answer had been returned, there would still have been no legal obligation upon the Government or its appointing power to have conferred the office upon the plaintiff.
"While for the wrong done him by the negligence of the defendant in its failure to deliver the telegram the plaintiff…
2Cases cited2 opinions
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
- Clay v. Western Union Telegraph Co.Supreme Court of Georgia · 1888
3Cited by15 opinions
- Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Tanning Co. v. . Telegraph Co.Supreme Court of North Carolina · 1906
- Cronheim v. Postal Telegraph-Cable Co.Court of Appeals of Georgia · 1912
- Sprout v. . WardSupreme Court of North Carolina · 1921
- Gardner v. Postal Telegraph & Cable Co.Supreme Court of North Carolina · 1916
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