Gainey v. Telegraph Co.
Supreme Court of North Carolina
ActioN by Noel G-ainey against tbe Western Union Telegraph Company, beard by Judge B. B. Peebles and a jury, at February Term, 1904, of tbe Superior Court of Cumbee-uand County. Tbis action was brought to recover damages for the negligent failure to deliver a telegram, which plaintiff alleges caused him great mental anguish. Ur.
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ActioN by Noel G-ainey against tbe Western Union Telegraph Company, beard by Judge B. B. Peebles and a jury, at February Term, 1904, of tbe Superior Court of Cumbee-uand County. Tbis action was brought to recover damages for the negligent failure to deliver a telegram, which plaintiff alleges caused him great mental anguish. Ur. W. E. Gainey, brother of the plaintiff, died in Mayo, Ela., on November 17, 1901. There being no telegraph office at Mayo, his widow sent to Live Oak, Ela., which is twenty-three miles from Mayo, the following telegram addressed to the plaintiff: “Me. Noel GaiNey, (P.…
1Opinion of the Court
Walker, J.,
after stating tbe facts. Tbis case is not like any one of tbe numerous cases we bave decided upon tbe subject of tbe liability of a telegraph company in damages for its negligent failure to deliver a message, but we do not tbink tbe question involved, when considered with reference to tbe facts appearing in the record, is at all difficult of solution. It is undoubtedly true, as argued by tbe learned counsel for tbe plaintiff, that tbe company is not exempted from liability, merely because tbe person addressed may chance to live outside its free delivery limits, because it…
2Cases cited7 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Western Union Telegraph Co. v. SwearingenTexas Supreme Court · 1902
- Bryan v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Western Union Telegraph Co. v. TaylorCourt of Appeals of Texas · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bryan v. . Telegraph Co.Supreme Court of North Carolina · 1903
- Lyles v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
- Barnes v. Postal Telegraph-Cable Co.Supreme Court of North Carolina · 1911
- Smith v. Western Union Telegraph Co.Supreme Court of North Carolina · 1915
- Hobbs v. . Telegraph Co.Supreme Court of North Carolina · 1934
2 more not listed; retrieve them via the Exa API.