Hoaglin v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by defendant from Foushee, J., at May Term, 1912, of MECKLENBURG. These two actions were brought to recover damages for negligently failing to transmit and deliver a telegraphic message sent by the plaintiff, S. D. Hoaglin, from Pineville, N. C., to his brother, the other plaintiff, who was at Granite Quarry, N. 0. The two cases were consolidated by consent of the parties, and tried together, as they involved substantially 'the same questions of fact and law.
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Appeal by defendant from Foushee, J., at May Term, 1912, of MECKLENBURG. These two actions were brought to recover damages for negligently failing to transmit and deliver a telegraphic message sent by the plaintiff, S. D. Hoaglin, from Pineville, N. C., to his brother, the other plaintiff, who was at Granite Quarry, N. 0. The two cases were consolidated by consent of the parties, and tried together, as they involved substantially 'the same questions of fact and law. The jury returned the following verdict: 1. Was the defendant guilty of negligent delay in the transmission and delivery of the…
1Opinion of the Court
Walxer, J.,
after stating the ease: There was error in the last instruction given by the court, but not in telling the jury that, when the defendant discovered it could not send the message over its wire from Charlotte, it was its duty to notify the sender at Pineville of the fact, for that is correct. Hendricks v. Telegraph Co., 126 N. C., 304; Cogdell v. Telegraph Co., 135 N. C., 431; Hood v. Telegraph Co., 135 N. C., 622. The defendant’s failure to notify the sender of its inability to deliver the message was evidence of- negligence. Hood v. Telegraph Co., supra; Hendricks v. Telegraph Co.,…
2Cases cited16 opinions
- State v. Barrett.Supreme Court of North Carolina · 1903
- Hendricks v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Tillett v. . R. R.Supreme Court of North Carolina · 1894
- Alexander v. . StatesvilleSupreme Court of North Carolina · 1914
- Patterson v. . NicholsSupreme Court of North Carolina · 1911
- Alexander v. City of StatesvilleSupreme Court of North Carolina · 1914
- Lea v. Southern Public Utilities Co.Supreme Court of North Carolina · 1918
4 more not listed; retrieve them via the Exa API.