Tanning Co. v. . Telegraph Co.
Supreme Court of North Carolina
ActioN by the Cherokee Tanning Extract Company against the Western Union Telegraph Company, heard by Judge Thomas A. McNeill and a jury, at the April Term, 1906, of the Superior Court of Cheeokke. This is an action for damages alleged to have been sustained through negligence of the defendant in failing to transmit and deliver promptly a certain telegram. From a judgment in favor of the plaintiff, the defendant appealed.
1Opinion of the CourtBrown, J.
There is no dispute as to the material facts. The evidence shows that on 7 November, 1903, an agent of the Standard Oil Company at Wilmington, N. C., wrote to the plaintiff, at Andrews, N. C., a letter containing, among other things, this-request: “Kindly advise us by wire Monday if you can use about 1,500 creosote barrels between now and January 1st, at 95 cents each., delivered, in carload lots.” That the plaintiff received this letter on Monday, November 9, and at 7:30 P. M. of that day filed with the defendant, at its Andrews office, a message addressed to the Standard Oil Company,…
2Cases cited9 opinions
- McCaw Manufacturing Co. v. Felder & RountreeSupreme Court of Georgia · 1902
- Beaupré v. Pacific & Atlantic Telegraph Co.Supreme Court of Minnesota · 1874
- Mills v. Western Union Telegraph Co.Supreme Court of Georgia · 1905
- Moulton v. KershawWisconsin Supreme Court · 1884
- Beatty Lumber Co. v. Western Union Telegraph Co.West Virginia Supreme Court · 1903
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3Cited by17 opinions
- Gibson v. De La Salle InstituteCalifornia Court of Appeal · 1944
- Elks v. . Insurance CoSupreme Court of North Carolina · 1912
- Ingalls Steel Products Co. v. Foster & Creighton Co.Supreme Court of Alabama · 1932
- Clark v. East Lake Lumber Co.Supreme Court of North Carolina · 1912
- Cronheim v. Postal Telegraph-Cable Co.Court of Appeals of Georgia · 1912
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