Hulin v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Bryson, J., at March Term, 1921, of RANDOLPH. Civil action to recover damages for an alleged negligent failure to transmit and promptly deliver two telegrams — one announcing the serious illness, and the other the death of plaintiff’s mother.
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Appeal by defendant from Bryson, J., at March Term, 1921, of RANDOLPH. Civil action to recover damages for an alleged negligent failure to transmit and promptly deliver two telegrams — one announcing the serious illness, and the other the death of plaintiff’s mother. The first message was sent from Star, N. C., at 1 p. m. on 26 December, 1919, approximately an hour before the death of plaintiff’s mother, and the second, or death message, was sent from Troy, N. C., at 5 :12 p. m. on the same day. This last message was taken “subject to delay,” as the defendant had no telegraph office at…
1Opinion of the CourtStacy, J.
The ruling of his Honor in granting the defendant’s motion for judgment as of nonsuit on the initial cause of action, or on the one growing out of the defendant’s alleged negligent failure to deliver the first message within a reasonable time, is not before us for review, as the plaintiff has not appealed. But it would seem that this position is entirely correct’ in so far as any substantial damages are concerned; for, even if the telegram had been delivered without delay, the plaintiff could not possibly thereafter have reached the bedside of his mother prior to ber death. The question of a…
2Cases cited1 opinion
- Smith v. Postal Telegraph-Cable Co.Supreme Court of North Carolina · 1914
3Cited by2 opinions
- Hulin v. . Tel. Co.Supreme Court of North Carolina · 1923
- Hulin v. Western Union Telegraph Co.Supreme Court of North Carolina · 1923