Norris v. Western Union Tel. Co

• Citation: 93 S.E. 465
• Decision Date: 26 September 1917
• Docket Number: (No. 25.)
• Court: United States State Supreme Court of North Carolina
• Parties: NORRIS. v. WESTERN UNION TELEGRAPH CO.

93 S.E. 465
(174 N.C. 92)

NORRIS.
v.
WESTERN UNION TELEGRAPH CO.

(No. 25.)

Supreme Court of North Carolina.

Sept. 26, 1917.

[93 S.E. 466]

Appeal from Superior Court, Chowan County; Daniels, Judge.

Action by R. L. Norris against the Western Union Telegraph Company. Judgment for defendant, and plaintiff appeals. Affirmed.

This action was brought to recover damages of defendant for negligently failing to deliver a telegraphic message, which was filed with the defendant at Sebrill, Va., on August 27, 1916, to be transmitted by it to the plaintiff at Edenton, N. C., announcing the death of his mother and the day of her funeral. Defendant negligently failed to deliver the message, and, by reason thereof, the plaintiff was prevented from attending his mother's funeral. The jury returned the following verdict:

"(1) Did the defendant after the receipt of the message at Edenton, N. C, negligently fail to deliver the same with reasonable promptness as alleged in the complaint? No answer.

"(2) If so, did the acts and omission constituting negligence occur in the state of North Carolina? No answer.

"(3) If the message had been delivered in a reasonable time, could and would the plaintiff have gone to and attended the funeral of his mother, as alleged? No answer.

"(4) What damage, if any, has the plaintiff sustained on account of mental anguish caused by the negligence of the defendant? Answer: Nothing."

The court had instructed the jury that they need not answer the other three issues, as to negligence, and so forth. Judgment was entered upon the verdict in favor of the defendant, that the plaintiff take nothing by his action, and that he be taxed with the costs. The prayer of the complaint was confined to damages for the mental anguish resulting from defendant's negligence. Plaintiff appealed.

Ehringhaus & Small, of Elizabeth City, and H. R. Leary, of Edenton, for appellant.

Pruden & Pruden, of Edenton, and S. Brown Shepherd, of Raleigh, for appellee.

WALKER, J. (after stating the facts as above). This case is governed by our decision at the last term in Meadows v. W. U. Telegraph Co., 91 S. E. 1009. There we held that by the act of June 18, 1910 (36 Stat. 539, c. 309), Congress has taken possession of the entire field of commerce with respect to telegraphs and telephones of an interstate character, and of messages transmitted from one state to another through the medium of the electric telegraph. The plaintiff was consequently denied a recovery, because the case was...