Poe v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by plaintiff from Whedbee, J., at July (Special) Term, 1912, of DukiiaM. Tbis is an action to recover damages for mental anguish, alleged to have been caused by tbe negligent failure of tbe defendant to deliver a telegram. At tbe conclusion of tbe evidence for tbe plaintiff, bis Honor entered judgment of nonsuit, upon motion of defendant, and tbe plaintiff excepted and appealed.
1Opinion of the CourtAlleN, J.
Applying tbe rule that, upon a motion to nonsuit, tbe evid'ence must be viewed in tbe light most favorable to tbe plaintiff (Mizzell v. Manufacturing Co., 158 N. C., 267), and that we cannot act upon tbe portions of tbe testimony of a witness which sustain tbe contention of tbe defendant, although they may impair tbe force of other statements made by him (Dail v. Taylor, 151 N. C., 289; Hamilton v. Lumber Co., 156 N. C., 523), we are of opinion that it was error to enter judgment of nonsuit upon tbe plaintiff’s evidence.
It was admitted that a telegram, addressed to tbe plaintiff at West…
2Cases cited1 opinion
- Meadows v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
3Cited by6 opinions
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Hadley v. . TinninSupreme Court of North Carolina · 1915
- Nowell v. . BasnightSupreme Court of North Carolina · 1923
- Tomberlin v. . BachtelSupreme Court of North Carolina · 1937
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