Kivett v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal from Coolee, J., at November Term, 1910, of HaR-NETT. These were two separate civil actions, each action being for the recovery of damages for mental anguish alleged to have been caused by the delay and nondelivery of telegrams relating to the death of one Herndon H. Kivett. One suit was in the name of Z. T. Kivett, father of the deceased, and the other in the name of H. H. Kivett, twin brother of the deceased. By consent, the two cases were tried together.
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Appeal from Coolee, J., at November Term, 1910, of HaR-NETT. These were two separate civil actions, each action being for the recovery of damages for mental anguish alleged to have been caused by the delay and nondelivery of telegrams relating to the death of one Herndon H. Kivett. One suit was in the name of Z. T. Kivett, father of the deceased, and the other in the name of H. H. Kivett, twin brother of the deceased. By consent, the two cases were tried together. There was evidence on the part of the plaintiffs tending to establish the following facts: That on 23 July, 1909, the plaintiff Z.…
1Opinion of the Court
Alleet, J.,
after stating the case: The plaintiffs could not recover substantial damages unless they established the fact that H. H. Kivett could and would have reached home in time for his brother’s funeral, if the telegram, had been promptly delivered. His evidence on this point was, therefore, material, and we do not think it is subject to the criticism of the defendant, that the witness was stating an opinion, not a fact, and that he does hot .show that he was familiar with the schedules of the trains. He does not use the word “schedule,” but says he had made the connection between Detroit…
2Cases cited3 opinions
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Wilson v. TaylorSupreme Court of North Carolina · 1911
- Dobson v. . Telegraph CompanySupreme Court of North Carolina · 1910
3Cited by1 opinion
- Miller v. Western Union Telegraph Co.Supreme Court of North Carolina · 1914