Bennett v. Telegraph Co.
Supreme Court of North Carolina
ActioN by R. L. Bennett against The Western Union Telegraph Company, heard by Judge JE. W. Timberlahe and a jury, at November Term, 1900, of SuRRY County Superior Court. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, J.
The defendant objects in this Court for the first time, that the complaint does not aver directly that the sendee would have come if he had received the message promptly. It is alleged inferentially. The direct averment should have been made, but upon the face of the complaint there is not a “statement of a defective cause of action,” but a “defective statement of a good cause of action,” which is cured by fail ing to demur thereto. Ladd v. Ladd, 121 N. C., 118, and other cases cited in Clark’s Code (3rd Ed.), sec. 242; Bank v. Cocke, 127 N. C., 473. As the case goes back on another ground,…
2Cases cited7 opinions
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
- Kennon v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1899
- Lyne v. Western Union Telegraph Co.Supreme Court of North Carolina · 1898
- Ladd v. . LaddSupreme Court of North Carolina · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
- Harvell v. Weldon Lumber Co.Supreme Court of North Carolina · 1911
- Harrison v. Garrett.Supreme Court of North Carolina · 1903
- Barnes Ex Rel. Barnes v. Western Union Telegraph Co.Nevada Supreme Court · 1904
- Meadows v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
9 more not listed; retrieve them via the Exa API.