Gerock v. Western Union Telegraph Co.
Supreme Court of North Carolina
Civil actioN, tried before W. R. Allen, Jand a jury, at November Term, 1907, of the Superior Court of Beetie County. Tbis action was brought to recover damages for negligently delaying to deliver a telegram which was sent from Ahoskie, N. C., to Maysville, N. 0., by the feme plaintiff, Mrs. Gerock, in the name of her father and agent, J. A. Copeland, to her husband, M. 0. Gerock, in care of his brother, C. 0. Gerock.
Read the full summary
Civil actioN, tried before W. R. Allen, Jand a jury, at November Term, 1907, of the Superior Court of Beetie County. Tbis action was brought to recover damages for negligently delaying to deliver a telegram which was sent from Ahoskie, N. C., to Maysville, N. 0., by the feme plaintiff, Mrs. Gerock, in the name of her father and agent, J. A. Copeland, to her husband, M. 0. Gerock, in care of his brother, C. 0. Gerock. The latter is a barber in Maysville, and his shop is about 150 yards from the defendant’s office. His home was about three miles from Maysville, in the country, and his brother…
1Opinion of the Court
Walkee, J.,
after stating the case: This case was before us at a former term (142 N. 0., 22). We will not review any question which was then decided, as a party who loses in this Court cannot bave tbe case rebeard by a second appeal. Holland v. Railroad, 143 N. C., 435. Tbe Court held in that appeal, upon a motion to nonsuit, that there was evidence sufficient to be submitted to tbe jury upon tbe question of negligence. It is now said by counsel that it did not appear in tbe former appeal that a train left Friday afternoon at 4:22 for Aboskie via New Bern and Goldsboro. But this is a mistake;…
2Cases cited3 opinions
- Simmons v. Davenport.Supreme Court of North Carolina · 1906
- Holland v. RailroadSupreme Court of North Carolina · 1906
- Lefler v. Western Union Telegraph Co.Supreme Court of North Carolina · 1902
3Cited by6 opinions
- Western Union Telegraph Co. v. TaylorSupreme Court of Florida · 1927
- Ray v. Hill Veneer Co.Supreme Court of North Carolina · 1924
- Strunks v. Southern Railway Co.Supreme Court of North Carolina · 1924
- Floyd v. Atlantnc Coast Line Railway Co.Supreme Court of North Carolina · 1914
- Lott v. Western Union Telegraph Co.Supreme Court of South Carolina · 1923
1 more not listed; retrieve them via the Exa API.