Newbern v. Western Union Telegraph Co.

This cause was considered by the Court, on a former appeal, from a judgment of nonsuit, and is reported in 195 N. C., 258, where the facts are fully set out. The questions then presented to this Court for consideration were thus stated: “The defendant denied negligence and set up: (1) the plea of contributory negligence; and (2), that the plaintiff failed to present his claim for damages in writing within sixty days after the alleged message was filed for transmission.” In the former opinion the Court declares: “We think the court below was in error in sustaining defendant’s motion for…