Meadows v. Postal Telegraph & Cable Co.
Supreme Court of North Carolina
Civil actioN, tried before Lyon, J., and a jury, at November Term, 1916, of CRAVEN. Plaintiff brought this action to recover damages for failure to transmit correctly and deliver the following telegram: J. A. Meadows, New Bern, N. O. Bot ten May corn 49 one-eighth Gardner V. Ya. Ness.
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Civil actioN, tried before Lyon, J., and a jury, at November Term, 1916, of CRAVEN. Plaintiff brought this action to recover damages for failure to transmit correctly and deliver the following telegram: J. A. Meadows, New Bern, N. O. Bot ten May corn 49 one-eighth Gardner V. Ya. Ness. The message was sent under the following contract, which was printed on one of the company’s blanks: “The Postal Telegraph-Cable Company (Incorporated) transmits and delivers this message subject to the terms and conditions printed on the back of this blank. Send the following message, without repeating, subject…
1Opinion of the Court
Wat.Ker, J.,
after stating the case:. Plaintiff introduced all the evidence showing the message and the contract as above stated.
Tbis and other State courts bare held that the stipulation as to repeating messages for a higher charge is one restricting the liability of the defendant for negligence, and is void, as being against public policy. Lassiter v. Tel. Co., 89 N. C., 334; Hendricks v. Tel. Co., 126 N. C., 304. Other courts, including the highest Federal court, hold that such stipulations are valid, 37 Cye., 1684 et seq., where the principal cases are collected in the notes. Primrose v.…
2Cases cited20 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Northern Pacific Railway Co. v. Washington Ex Rel. AtkinsonSupreme Court of the United States · 1912
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3Cited by12 opinions
- Russ v. . Telegraph Co.Supreme Court of North Carolina · 1943
- Bateman v. Western Union Telegraph Co.Supreme Court of North Carolina · 1917
- Poor v. Western Union Telegraph Co.Missouri Court of Appeals · 1917
- Russ v. Western Union Telegraph Co.Supreme Court of North Carolina · 1943
- Thomas G. Hardie & Co. v. Western Union Telegraph Co.Supreme Court of North Carolina · 1925
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