Shepard v. Telegraph Co.
Supreme Court of North Carolina
AotioN by D. M. Sbeparcl against Western Union Telegraph Company, heard by Judge M. El. Justice and a jury, at the May Term, 1906, of the Superior Court of Hendue-SON. From a judgment for plaintiff the defendant appealed.
1Opinion of the Court
ClauK, 0. J.
Tbe Court charged tbe jury: “Tbe message not having been delivered until a week afterwards, tbe law presumes negligence on tbe part of tbe defendant company, but it is not such a presumption as could not be rebutted. But it requires proof on tbe part of tbe defendant by tbe greater weight of tbe evidence that it did exercise due care in tbe effort to deliver tbe message.” Tbe first pai*a-graph was correct, tbe latter incorrect.
Tbe burden of tbe issue as to negligence was upon tbe plaintiff. If no evidence bad been offered in rebuttal, tbe Corirt might have told tbe jury that if…
2Cases cited7 opinions
- Board of Education v. MakelySupreme Court of North Carolina · 1905
- State v. Matthews.Supreme Court of North Carolina · 1906
- Cashion v. Western Union Telegraph Co.Supreme Court of North Carolina · 1899
- State v. . HaywoodSupreme Court of North Carolina · 1886
- Thompson v. Western Union Telegraph Co.Supreme Court of North Carolina · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908
- Hunt v. EureSupreme Court of North Carolina · 1925
- State v. . FalknerSupreme Court of North Carolina · 1921
20 more not listed; retrieve them via the Exa API.