Penn v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at December Term, 1911, of Foestth. Civil action to recover damages for negligently failing to deliver a telegram.
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Appeal from Lyon, J., at December Term, 1911, of Foestth. Civil action to recover damages for negligently failing to deliver a telegram. The evidence tended to sbow that on morning of 3 July, 1911, at 8 a. mv aNmessage was delivered to defendant company by Herbert Penn., at Roanoke, Va., addressed to plaintiff at Winston-Salem, N. C., announcing tbe death of a child of Herbert Penn and grandchild of plaintiff, and that same was duly and properly transmitted by defendant to its office at Winston-Salem and there defendant negligently failed to deliver it to plaintiff, whose place of residence…
1ConcurrenceClark, C. J.
When a message is sent from a point in this State to a point in another State, recovery can be had for mental anguish resulting from the breach of contract of prompt delivery. This is in accordance with the law of the place of contract. Bryan v. Telegraph Co., 133 N. C., 603, and numerous cases since.
• When the message is sent from another State into this State, and there is a failure to deliver promptly after the arrival of the message in this State, the party in interest is entitled to recover damages for the breach of the public duty which has occurred here. Such damages are to be measured…
2Cases cited14 opinions
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
- Western Union Telegraph Co. v. WallerTexas Supreme Court · 1903
- Bryan v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Gray v. Telegraph Co.Tennessee Supreme Court · 1901
- Hall v. Telegraph Co.Supreme Court of North Carolina · 1905
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