Miller v. Western Union Telegraph Co.
This text of 83 S.E. 482 (Miller v. Western Union Telegraph Co.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The argument of counsel for defendant is directed to the effect of the evidence admitted over his objection rather than to its competency, but we must- assume that his Honor instructed the jury properly as to how the evidence should be considered and its bearing upon the case, as the charge is not a part of the case on appeal and there is no exception to it. Ellison v. Tel. Co., 163 N. C., 14.
If, however, it be conceded, as contended by the defendant (and it must be understood that the Court does not assent to the proposition), that the agent of the telegraph company became the agent of the plaintiff when he wrote the message for him, the evidence would not for this reason be incompetent.
When the telegram was received at Winston with an incorrect street address on it, the defendant was not absolved from making further inquiry, nor could it rely upon the mistake and cease all efforts to deliver. Kivett v. Tel. Co., 156 N. C., 306.
It became its duty, among others, to send a service message asking for a better address (Griswold v. Tel. Co., 163 N. C., 174), and if it had done so the evidence tends to prove that the agent at Lexington, who would have received the message, had the information necessary to give the correct address. 1
If the operator at Lexington was the agent of the plaintiff in writing the message, he was also agent of the defendant, and notice to an agent is notice to the principal, except when engaged in a transaction antagonistic to the principal or where it is against his interest to disclose the information received. Bank v. School Committee, 118 N. C., 386.
In this case he owed the dirty to the plaintiff and the defendant, and it was in his own interest to correct the message, if he had made a mistake in writing the address, and notice to him of the correct address was notice to the defendant.
No error.
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Cite This Page — Counsel Stack
83 S.E. 482, 167 N.C. 315, 1914 N.C. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-western-union-telegraph-co-nc-1914.