Helms v. Telegraph Co.
Supreme Court of North Carolina
ActioN by M. A. Helms against Western Union Telegraph Company, heard by Judge B. B. Peebles at the October Term, 1906, of the Superior Court of MeckxenbuRG.
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ActioN by M. A. Helms against Western Union Telegraph Company, heard by Judge B. B. Peebles at the October Term, 1906, of the Superior Court of MeckxenbuRG. This action was instituted by the plaintiff to recover damages for mental anguish on account of the failure of the defendant to promptly deliver to his son-in-law, at Charlotte, N. C., a message which the plaintiff had sent through John Helms from Pineville, N. C., in the following words: “Will Helms, Charlotte, N. C. “Mother very sick. Come at once. “(Signed) John Helms.” Erom verdict and judgment rendered, defendant appealed.
1Opinion of the CourtBeowN, J.
The exceptions of the defendant to the evidence and to the charge of the Court raise two questions for our consideration: 1. Is. there any evidence which charges the defendant with knowledge that John Helms filed the telegram as the agent of and for the benefit of his father, M. A. Helms ? 2. Can this plaintiff sustain an action for damages for mental anguish without proving such fact ?
As to the first contention of the defendant, we think the evidence tends to prove that John Helms, twenty-six years old, and the son of M. A. Helms, filed the telegram with the operator at Pineville; that the…
2Cases cited14 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
- Williams v. Telegraph Co.Supreme Court of North Carolina · 1904
- Kennon v. W. U. Telegraph Co.Supreme Court of North Carolina · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Starling v. Selma Cotton MillsSupreme Court of North Carolina · 1915
- Peanut Co. v. . R. R.Supreme Court of North Carolina · 1911
- Bryan v. . Telegraph Co.Supreme Court of North Carolina · 1903
- Western Union Telegraph Co. v. PottsTennessee Supreme Court · 1907
- Cogdell v. . Telegraph Co.Supreme Court of North Carolina · 1904
7 more not listed; retrieve them via the Exa API.