Mullinax v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal from Daniels, J., at May Term, 1911, of ObaNGE. This is an action to recover damages for mental anguish, caused, as the plaintiff alleges, by the negligence of the defendant in the delivery of a telegram, notifying him of the death of his sister, Jennie Rains, which prevented him from attending her funeral. Jen,nie Rains lived at Franklinsville, in Randolph County.
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Appeal from Daniels, J., at May Term, 1911, of ObaNGE. This is an action to recover damages for mental anguish, caused, as the plaintiff alleges, by the negligence of the defendant in the delivery of a telegram, notifying him of the death of his sister, Jennie Rains, which prevented him from attending her funeral. Jen,nie Rains lived at Franklinsville, in Randolph County. It was admitted that on 28 February, 1910, about 3 o’clock p. m., the following telegram was delivered to the agent of the defendant at Franklinsville: To J". P. MulliNax, care Eno Cotton Mills, Hillsboro, N. C.: Jennie…
1Opinion of the CourtAlleN, J.
The negligence of the defendant cannot be disputed. It failed in its duty in that it transmitted the message incorrectly, and also in making no inquiry and no effort to deliver to tbe plaintiff, after being informed tbat it was probably intended for bim.
It is, however, true, as tbe defendant contends, tbat negligence alone will not entitle tbe plaintiff to recover, and that be must go further and show tbat this negligence was tbe proximate cause of bis injury.
It is also true tbat contributory negligence on tbe part of tbe plaintiff is fatal to bis action, and" tbat if be received information…
2Cases cited1 opinion
- Hauser v. Western Union Telegraph Co.Supreme Court of North Carolina · 1909
3Cited by4 opinions
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Nowell v. . BasnightSupreme Court of North Carolina · 1923
- Western Union Tel. Co. v. HawkinsAlabama Court of Appeals · 1915
- Medlin v. Western Union Telegraph Co.Supreme Court of North Carolina · 1915