Opinion

Williamson v. Postal Telegraph-Cable Co.

  • 151 N.C. 223
  • 65 S.E. 974
  • 1909 N.C. LEXIS 237
Court
Supreme Court of North Carolina
Filed
Nov 3, 1909
Status
Published
Author
Brown
On the bench
Brown, Clark, WalKEk
Cited by
4 cases
Authority
More cited than 11.6%

The opinion

Brown, J.

I concur in the judgment of this Court, upon the ground that, after the telegram was delivered to plaintiff at Raleigh,-he notified defendant’s office here that there was proN able error in the transmission of the message; that the matter was one of financial importance to him, and requested the defendant to investigate at once. This occurred in ample time to save plaintiff from loss, and was complete notice to the defendant’s agents here of' the important character of the message, and that financial loss might result to plaintiff in case an error had been committed. When they had the message repeated for their own information, they informed the plaintiff that there was no error committed, and upon such reassurance the plaintiff had a right to rely. As is held in Williams v. Telegraph Co., 136 N. C., 82 , plaintiff was not bound to notify defendant of each particular item of damage that might result, hut it is sufficient if defendant had notice that financial loss would result from error in transmitting the message.

*231 This view of the case renders it -unnecessary to discuss the other points raised by the learned counsel for defendant.

Me. Justice WalKEk concurs in this opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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