Mott v. Telegraph Company.
Supreme Court of North Carolina
ActiqN by Charles D. Mott against Western Union Telegraph Company, heard by Judge Gr. S. Ferguson and a jury, at the July Term, 1906, of the Superior Court of Ieedbll. On. 22 June, 1906, the following message, charges prepaid, was delivered to defendant at Winston, N. G.: “To Charles Mott, Elmwood, N. C.: W. M. Young killed in W. Va. Funeral here, three o’clock. Can you come? Delia Young.” The sender was the widow and the sendee a half-brother of the deceased.
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ActiqN by Charles D. Mott against Western Union Telegraph Company, heard by Judge Gr. S. Ferguson and a jury, at the July Term, 1906, of the Superior Court of Ieedbll. On. 22 June, 1906, the following message, charges prepaid, was delivered to defendant at Winston, N. G.: “To Charles Mott, Elmwood, N. C.: W. M. Young killed in W. Va. Funeral here, three o’clock. Can you come? Delia Young.” The sender was the widow and the sendee a half-brother of the deceased. ILoosier, a witness for plaintiff, testified that he delivered the message to the operator at Winston about I A. M., and told him that…
1Opinion of the Court
Clare, O. J.,
after stating the case: The defendant’s brief relies solely upon excejDtions to the Judge’s charge. After telling the jury that the plaintiff did not rely upon any delay in the transmission of the message, but only on the delay to deliver after its receipt at Elmwood, that the defendant had a right to restrict its free delivery limits and to charge for delivery beyond, that unless the jury found that the extra compensation was offered and refused when the message was handed in, the receiving office could wire back therefor, and that any reasonable time necessary for this purpose…
2Cases cited2 opinions
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Western Union Telegraph Co. v. MooreIndiana Court of Appeals · 1895
3Cited by5 opinions
- Bryan v. . Telegraph Co.Supreme Court of North Carolina · 1903
- Carolina Scenic Stages v. LowtherSupreme Court of North Carolina · 1951
- Ellison v. Western Union Telegraph Co.Supreme Court of North Carolina · 1913
- Edwards v. Western Union Telegraph Co.Supreme Court of North Carolina · 1908
- Helms v. Telegraph Co.Supreme Court of North Carolina · 1906