Hocutt v. Western Union Telegraph Co.
Supreme Court of North Carolina
ActioN tried before 0. II. Allen, J., and a jury, at December Term, 1907, of EeauKORt. This action was brought to recover damages for negligently failing to transmit and deliver a telegram addressed by the plaintiff to her husband at Greensboro, N. 0. The message was dated 20 June, 1905, and was as follows: “Eaby very sick. Come at once.” She also, at the same time, wrote him a letter, to which he replied on the 21st in a telegram: “Letter received.
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ActioN tried before 0. II. Allen, J., and a jury, at December Term, 1907, of EeauKORt. This action was brought to recover damages for negligently failing to transmit and deliver a telegram addressed by the plaintiff to her husband at Greensboro, N. 0. The message was dated 20 June, 1905, and was as follows: “Eaby very sick. Come at once.” She also, at the same time, wrote him a letter, to which he replied on the 21st in a telegram: “Letter received. ITow is the baby this morning? Could you bring him away to-morrow ? I could meet you at Selma.” She then attempted to send to her husband, at…
1Opinion of the Court
WalKER, J.,
after stating the case: "When the agent of the defendant received the message, with the money to pay the *190charges of transmission, and failed to send it, a wrong was committed to the plaintiff which gave her a cause of action and entitled her to recover at least nominal damages. It can make no difference whether it was a breach of contract or a tort. The defendant owed the plaintiff the duty to transmit the message to Mr. TIocutt at Greensboro, N. 0., and there is nothing to show that it was in any way excused for the nonperformance of this duty. The operator, it is true, thought…
2Cases cited7 opinions
- Sherill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- Pepper v. Telegraph Co.Tennessee Supreme Court · 1889
- Bowen v. KingSupreme Court of North Carolina · 1907
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- Atkins v. . ElwellNew York Court of Appeals · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Elam v. Smithdeal Realty & InsuranceSupreme Court of North Carolina · 1921
- Elam v. . Realty Co.Supreme Court of North Carolina · 1921
- Yowmans v. . HendersonvilleSupreme Court of North Carolina · 1918
- Yowmans v. City of HendersonvilleSupreme Court of North Carolina · 1918
- Bowen v. . KingSupreme Court of North Carolina · 1907
6 more not listed; retrieve them via the Exa API.