Penn v. . Telegraph Co.

CLARK, C. J., concurring; WALKER, J., concurring in result; BROWN, J., dissenting. Action to recover damages for negligently failing to deliver a telegram.

The evidence tended to show that on morning of 3 July, 1911, at 8 a.m., a message was delivered to defendant company by Herbert Penn, at Roanoke, Va., addressed to plaintiff at Winston-Salem, N.C. announcing the death of a child of Herbert Penn and grandchild of plaintiff, and that same was duly and properly transmitted by defendant to its office at Winston-Salem and there defendant negligently failed to deliver it to plaintiff, whose place…