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.
Read the full summary
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…
1Opinion of the Court
Hoke, J.,
after stating tbe case: It is well-established doctrine in this State that under given circumstances substantial *309damages for mental anguish may be awarded for wrongful and negligent failure to deliver or correctly transmit a telegraphic message, and this independent of bodily or pecuniary injury. The authorities are also to the effect that such recovery may be had by the sender or the addressee of the message or the beneficiary whose interest in its proper delivery has been sufficiently made known to the company. Christmon v. Telegraph Co., ante, 195; Kivett v. Telegraph Co., 156 N.…
2Cases cited29 opinions
- Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BackusSupreme Court of the United States · 1894
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Hill v. RailroadSupreme Court of North Carolina · 1906
24 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Norris v. Western Union Telegraph Co.Supreme Court of North Carolina · 1917
- Bryan v. . Telegraph Co.Supreme Court of North Carolina · 1903
- Askew v. Western Union Telegraph Co.Supreme Court of North Carolina · 1917
- Sherrill v. . Telegraph Co.Supreme Court of North Carolina · 1895
- Byers v. . Express Co.Supreme Court of North Carolina · 1914
3 more not listed; retrieve them via the Exa API.