Woods v. Western Union Telegraph Co.
Supreme Court of North Carolina
ActioN tried before Guión, J\, and a jury, at September Term, 1907, of BuNcombe. This action was brought to recover damages for negligently failing to deliver a telegram.
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ActioN tried before Guión, J\, and a jury, at September Term, 1907, of BuNcombe. This action was brought to recover damages for negligently failing to deliver a telegram. Grant Woods died in Knoxville, Tenn., 14‘October, 1905, and immediately after bis death his widow, Leona Woods, delivered to the defendant for transmission over its wires to the plaintiff, the brother of the deceased, who resided at Asheville, N. 0., the following message: “Jay Woods, “KNOXville, TeNN., Oet. 14, 1905. No. 38 Depot Street, Asheville, N. G. “Come at once. Grant Woods is dead. If not, let know. “LeoNA Woods.”…
1Opinion of the CourtWalker, J.
The case should have been submitted to the jury, and the court erred in deciding as matter of law that there was no evidence of actionable negligence. The defend*5ant introduced no evidence, and it therefore does not' appear that it made any effort, not even the slightest, to deliver the message, ‘notwithstanding the mistake in the street address. This Court, in Hendricks v. Telegraph Co., 126 N. C., 304, held it as well settled by the authorities that when a telegraph company receives a message for delivery to the addressee and fails to deliver it, it becomes prima facie liable, and the burden…
2Cases cited17 opinions
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Monroe v. . DouglassNew York Court of Appeals · 1851
- Sherill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1899
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bryan v. . Telegraph Co.Supreme Court of North Carolina · 1903
- Cogdell v. . Telegraph Co.Supreme Court of North Carolina · 1904
- Johnson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1916
- Shaw v. Western Union Telegraph Co.Supreme Court of North Carolina · 1910
- Hocutt v. . Telegraph Co.Supreme Court of North Carolina · 1908
2 more not listed; retrieve them via the Exa API.