Rhyne v. Western Union Telegraph Co.
This text of 80 S.E. 152 (Rhyne 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 defendant seeks to limit its liability for negligence by the following stipulation, printed upon the back of the telegraph blank:
“In any event, the company shall not be liable for damages for any mistakes or delay in the transmission or delivery, or for the nondelivery of this message, whether caused by the negligence of its servants' or otherwise, beyond the sum of $50, at which amount this message is hereby valued, unless a greater value is stated in writing hereon at the" time the message is offered to the company for transmission, and an additional sum paid or agreed to be paid, based on such value equal to one-tenth of 1 per cent thereof.”
This question has been settled adversely to the defendant’s contention by the decisions of this Court, and needs no further discussion. Pegram v. Telegraph Co., 97 N. C., 57; Williamson v. Telegraph Co., 151 N. C., 223.
*395 Tbe negligence of tbe defendant is not disputed, and it was admitted upon tbe argument tbat there was a prima facie case made out. .
We have examined tbe several exceptions to tbe evidence, and charge of tbe court, and find no reversible error.
No error.
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Cite This Page — Counsel Stack
80 S.E. 152, 164 N.C. 394, 1913 N.C. LEXIS 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhyne-v-western-union-telegraph-co-nc-1913.