Betts v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Allen, J., at April Term, 1914, of Wake. These actions were brought, one by Ovey J. Betts and the other by Eaymond Betts, against the defendant, to recover damages for the negligent failure to deliver a telegram in the following words: To Ovey J. Betts, Technical School, Bogersville, Tenn. Olifton died suddenly this morning. Funeral tomorrow afternoon. Have written. (Signed) Eaymokd.
Read the full summary
Appeal by defendant from Allen, J., at April Term, 1914, of Wake. These actions were brought, one by Ovey J. Betts and the other by Eaymond Betts, against the defendant, to recover damages for the negligent failure to deliver a telegram in the following words: To Ovey J. Betts, Technical School, Bogersville, Tenn. Olifton died suddenly this morning. Funeral tomorrow afternoon. Have written. (Signed) Eaymokd. The message was delivered to defendant’s operator at Raleigh, N. C., on Sunday, 23 June, 1912, at 4:15 p. m., and was transmitted at 4:19 p. m. The operator promised to “get it through.”…
1Opinion of the Court
WalkeR, J.,
after stating the case: There was evidence that Ovey J. Betts had suffered mental anguish, and we think there can be no serious question raised on this branch of the case. There was testimony from which the jury could reasonably have inferred that Ovey J. Betts, if he had received the message sent by defendant’s line, would have left at once for home and notified his brother, or some relative there, of his coming; and as his brother, Raymond Betts, would have postponed the funeral, he would have had the consolation of attending it, which was lost by the defendant’s negligence. It…
2Cases cited17 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
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
- Harrington v. Commissioners of WadesboroSupreme Court of North Carolina · 1910
- Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
12 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hoaglin v. . Telegraph Co.Supreme Court of North Carolina · 1913
- Baush MacH. Tool Co. v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1935
- Baush MacH. Tool Co. v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1935
- Shaw v. . Telegraph Co.Supreme Court of North Carolina · 1910