Alexander v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal from Cline, J., at December' Term, 1911, of Beau-FORT. Civil action to recover damages for negligent failure to deliver a telegraphic message. There was verdict for plaintiff establishing negligent failure to transmit message pursuant to contract, and awarding recovery of substantial damages by reason of mental anguish. Judgment on verdict, and defendant excepted and appealed.
1Opinion of the CourtHoke, J.
It was chiefly urged against the validity of this recovery:
1. That there was no evidence that the message had ever been received for transmission by defendant company. "
2. That there was no sufficient evidence of mental anguish to justify an award of substantial damages on that account.
But we are of opinion that neither position can be sustained-.
There was testimony on part of plaintiff tending to show that she resided with her mother about 300 or 400 yards from Swain, a local railroad station in a remote country district, and on 19 July, 1909, she became imminently ill with an attack of…
2Cases cited11 opinions
- Young v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Bright v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Kennon v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Thompson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
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3Cited by3 opinions
- Baker v. Western Union Telegraph Co.Missouri Court of Appeals · 1926
- Helfend v. California BankCalifornia Court of Appeal · 1931
- Penn v. Western Union Telegraph Co.Supreme Court of North Carolina · 1912