Suttle v. Western Union Telegraph Co.
Supreme Court of North Carolina
AotxoN beard by Long, Jat December Term, 1907, of JOIINSTON. Tbis action was brought to recover damages for failing to deliver a telegram, and was beard below on a case agreed, which is as follows: It is admitted by counsel on both sides that the telegram set out in the complaint was delivered to the agent of the defendant, at Raleigh, N. C., at 7:27 o’clock P. M., 19 May, 1903, and was received by the operator at Smithfield, agent of defendant, at 8:25 P. M. on the same…
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AotxoN beard by Long, Jat December Term, 1907, of JOIINSTON. Tbis action was brought to recover damages for failing to deliver a telegram, and was beard below on a case agreed, which is as follows: It is admitted by counsel on both sides that the telegram set out in the complaint was delivered to the agent of the defendant, at Raleigh, N. C., at 7:27 o’clock P. M., 19 May, 1903, and was received by the operator at Smithfield, agent of defendant, at 8:25 P. M. on the same night; that the message was delivered to Mrs. Suttle at 9 o’clock A. M. the next day, to-wit, 20 May, 1903, and that tbe…
1Opinion of the Court
Walker, J.,
after stating the cas.e: It is too late now to question the proposition that if a telegraph company receives a message from the sender and undertakes to deliver it to the sendee at a time not within its office hours, it is its legal duty to do so, because of the special undertaking, which constitutes a waiver by it of the benefit of office hours. It may prescribe office hours when they are reasonable, but it may also waive them if it sees fit to do so. Bright v. Telegraph Co., 132 N. C., 317; Kernodle v. Telegraph Co., 141 N. C., 436; Carter v. Telegraph Co., 141 N. C., 374; Dowdy…
2Cases cited8 opinions
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
- Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Cranford v. . Telegraph Co.Supreme Court of North Carolina · 1905
- Williams v. HughesSupreme Court of North Carolina · 1905
- Carter v. . Telegraph Co.Supreme Court of North Carolina · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cates v. Western Union Telegraph Co.Supreme Court of North Carolina · 1909
- Betts v. . Telegraph Co.Supreme Court of North Carolina · 1914
- Betts v. Western Union Telegraph Co.Supreme Court of North Carolina · 1914
- Stringfield v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Alexander v. Western Union Telegraph Co.Supreme Court of North Carolina · 1912
7 more not listed; retrieve them via the Exa API.