Lytle v. Western Union Telegraph Co.
Supreme Court of North Carolina
Appeal by plaintiff from Justice, J., at May' Term, 1914, of RUTHERFORD. Action for negligent delay in delivering a telegram. It appears from tbe evidence tbat tbe plaintiff’s mother, wbo resided in Blacksburg, S. C., died on 2 June, 1911, and tbat at 6 :16 p. m. on tbe same day a message was filed’ at Blacksburg, S. C., addressed -to tbe plaintiff at Altapass, N. C., care of Altapass Inn, reading: “Your mother died this p. m. at 6 o’clock.”
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Appeal by plaintiff from Justice, J., at May' Term, 1914, of RUTHERFORD. Action for negligent delay in delivering a telegram. It appears from tbe evidence tbat tbe plaintiff’s mother, wbo resided in Blacksburg, S. C., died on 2 June, 1911, and tbat at 6 :16 p. m. on tbe same day a message was filed’ at Blacksburg, S. C., addressed -to tbe plaintiff at Altapass, N. C., care of Altapass Inn, reading: “Your mother died this p. m. at 6 o’clock.” This message was delivered to tbe plaintiff at 9 :30 a. m. on 3 June, and tbe plaintiff left Altapass at 2 :24 tbat afternoon and reached Blacksburg at 9…
1Opinion of the Court
Walker, J.,
after stating the case: It is stated in the briefs that the court granted the nonsuit upon the ground that the plaintiff had not complied with the stipulation between the parties that the claim, for damages must be presented in writing within sixty days after the message is filed with the company for transmission. This, we have held, is a reasonable provision, and if not complied with, defeats a recovery. Sherrill v. Telegraph Co., 109 N. C., 527; Lewis v. Telegraph Co., 117 N. C., 436; Sykes v. Telegraph Co., 150 N. C., 431; Barnes v. Telegraph Co., 156 N. C., 150. It is said in…
2Cases cited10 opinions
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- Western Union Telegraph Co. v. BrownTexas Supreme Court · 1892
- Lewis v. Western Union Telegraph Co.Supreme Court of North Carolina · 1895
- Toale v. Western Union Telegraph Co.Supreme Court of South Carolina · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Russ v. . Telegraph Co.Supreme Court of North Carolina · 1943
- Russ v. Western Union Telegraph Co.Supreme Court of North Carolina · 1943
- Phillips v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1916
- Taft v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1917
- Thomas G. Hardie & Co. v. Western Union Telegraph Co.Supreme Court of North Carolina · 1925
3 more not listed; retrieve them via the Exa API.