Dayvis v. Telegraph Co.
Supreme Court of North Carolina
AotioN for mental anguish by James L. Dayvis against the Western Union Telegraph Co., heard by Judge B. F. Long and a jury, at the September Term, 1905, of the Superior Court of Beaufort County. There was testimony to the effect that on the morning of June 26, 1904, plaintiff’s wife left Durham, N. C., to go to Washington, N. C., to which place her husband had recently moved his residence.
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AotioN for mental anguish by James L. Dayvis against the Western Union Telegraph Co., heard by Judge B. F. Long and a jury, at the September Term, 1905, of the Superior Court of Beaufort County. There was testimony to the effect that on the morning of June 26, 1904, plaintiff’s wife left Durham, N. C., to go to Washington, N. C., to which place her husband had recently moved his residence. In the regular course of travel, Mrs. Dayvis would have reached Washington on the afternoon of the 26th, at about 6 o’clock; that she and two children who acepmpanied her were all sick, and she had written…
1Opinion of the Court
I-XokK, J.,
after stating the case: At the close of the plaintiff’s testimony, and again at the close of the entire testimony, there was a motion to nonsuit by the defendant, and exception duly taken.
The decisions of this court have established the principle that the addressee of a telegram, where there has been a wrongful failure to deliver or negligent error in transmitting the message, may, under certain circumstances, recover compensatory damages for mental anguish where the message is for his benefit or concerns his domestic or social interests, and this, independent of any bodily or…
2Cases cited12 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Wadsworth v. Western Union Telegraph Co.Tennessee Supreme Court · 1888
- Rowell v. Western Union Telegraph Co.Court of Appeals of Texas · 1889
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
- Storey v. . StokesSupreme Court of North Carolina · 1919
- Ellison v. Western Union Telegraph Co.Supreme Court of North Carolina · 1913
- State v. . WhiteSupreme Court of North Carolina · 1905
- Betts v. . Telegraph Co.Supreme Court of North Carolina · 1914
6 more not listed; retrieve them via the Exa API.