Hunter v. Telegraph Co.
Supreme Court of North Carolina
ActioN by T. A. Hunter against the Western Union Telegraph Company, beard by Judge W. B. Allen and a jury, at February Term, 1903, of the Superior Court of GuilNobd County. This is an action brought by the plaintiff to recover damages caused by the non-delivery of a telegram addressed to the plaintiff, announcing the death of a second cousin, a child five years of age. The telegram was as follows: “Scott died last night; will be buried to-morrow morning.”
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ActioN by T. A. Hunter against the Western Union Telegraph Company, beard by Judge W. B. Allen and a jury, at February Term, 1903, of the Superior Court of GuilNobd County. This is an action brought by the plaintiff to recover damages caused by the non-delivery of a telegram addressed to the plaintiff, announcing the death of a second cousin, a child five years of age. The telegram was as follows: “Scott died last night; will be buried to-morrow morning.” The plaintiff, T. A. Hunter, was allowed, under objection and exception by the defendant, to testify, among other things: “That he came to…
1Opinion of the Court
Douglas, J.,
after stating tbe facts. Although there is no exception to tbe issues, and apparently no misunderstanding as to their meaning, we think it better to call attention to tbe inaccuracy of tbe second issue. It should read as follows: “What damage, if any, has tbe plaintiff thereby sustained on account of mental anguish ?” Or, “What damage, if any, has tbe plaintiff sustained on • account of mental anguish caused by such negligence?” Tbe exact form of tbe issue is immaterial, but it should directly present tbe casual relation between tbe negligence of tbe defendant and tbe damages…
2Cases cited11 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
- Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
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3Cited by5 opinions
- Shepard v. Telegraph Co.Supreme Court of North Carolina · 1906
- Harrison v. Telegraph Co.Supreme Court of North Carolina · 1904
- Betts v. Western Union Telegraph Co.Supreme Court of North Carolina · 1914
- Alexander v. . Telegraph Co.Supreme Court of North Carolina · 1906
- Foreman v. Western Union Telegraph Co.Supreme Court of Iowa · 1908