Harrison v. Western Union Telegraph Co.
| Decision Date | 10 September 1913 |
| Citation | 79 S.E. 281,163 N.C. 18 |
| Parties | HARRISON v. WESTERN UNION TELEGRAPH CO. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Washington County; B. F. Long, Judge.
Action by Annie Harrison against the Western Union Telegraph Company. Judgment for plaintiff, and defendant appeals. Affirmed.
It is no defense, to an action for delay in transmitting a message, that the agent was also the agent of the railroad company and was busy with his railroad duties.
Where the evidence is conflicting as to whether a telegraph agent accepted a message unconditionally, that question is for the jury in the trial court.
Pruden & Pruden, of Edenton, and S. Brown Shepherd, of Raleigh, for appellant.
Winston & Matthews, of Windsor, for appellee.
This case is governed by Ellison v. Telegraph Company, 79 S.E. 277. They were argued and considered together, and the facts and principles presented in the two cases are substantially the same. It follows that there was no error in this appeal.
No error.
BROWN, J., did not sit.
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Ellison v. Western Union Telegraph Co.
... ... is evidence of actual mental suffering, even though the ... relationship between the parties was not such that the law ... would presume mental suffering ... [79 S.E. 278] ... This ... and the case of Harrison v. Telegraph Co., 79 S.E ... 281, involving practically the same questions and arising out ... of the same transaction, were consolidated in this court and ... argued together ... There ... was evidence for the plaintiffs. Aline Ellison and Annie ... Harrison, that they ... ...
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Stephenson v. City of Raleigh
...where it is afterwards withdrawn and the jury instructed to disregard it. Ellison v. Tel. Co., 163 N.C. 5, 79 S.E. 277; Harrison v. Tel. Co., 163 N.C. 18, 79 S.E. 281; Toole v. Toole, 112 N.C. 152, 16 S.E. 912, 34 St. Rep. 479; Gilbert v. James, 86 N.C. 245; McAllister v. McAllister, 34 N.C......