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Estate Records 1790-1970, Cashion, Avery-J.R.
ApPLicATY Sor LETTERS OF apministraT STATE OF NORTH CAROLINA, IREDELL COUNTY—IN THE SUPERIOR CouRT. In the matter of the Administration of the Albert F , being sworn doth say: late of said County, is dead, having died on the 63 , without leaving any last Will and Testament, and that Slbert..Frances..Cas January Further, That the value of said estate, so far as can be ascertained at the date of this application, is about se LOWS Real Estate, and $...2.,,.900 Qa Personal Property, and that the persons entitled as heirs and distribu- tees thereof are as follows: NAME AGE (If Minor) RELATION Thomas N Cashion ADDRESS Brother Rt #4 Statesvi e Ke Cashion " Newport News, Hi S Cashion " Hampton, Va. T “U O T Y S B ) > S oO = way "T) + o = — QO QO ~”n es Pee ao OATH OF ADMINISTRATOR STATE OF NORTH CAROLIN IREDELL COUNTY SS.—In the Superior Court. Amos Smith 19 6 1 , do solemnly swear (or affirm) that I died without leaving any last Will and Testament and that I will well and truly administer all and singular the Goods and Chattles, Rights and Credits of the said Albert Frances Cashion POR e eee em mn ewes ee seseeesnensesesetesseerase tases Pe , and a true and perfect inventory thereof return as pro- vided by law, and that all other duties appertaining to the charge repossed in me, I will faithfully and honestly perform with the best of my skill and ability; So help me God. Subscribed an aac aatcettitaiee ah t a or 2 ) LL erneeeeeneeneeeenee No. 414, RENUNCIATION OF RIGHT TO ADMINISTRATION, Edwards & Broughton Co., _Raleigh NORTH AROLINA ; - SUPERIOR COURT—BEFORE THE CLERK. IN THE MATTER OF THE ADMINISTRATION OF 7 A OF | a ff RENUNCIATION OF RIGHT TO ADMINISTRATION Deceased. Pager 88, SK Aeon .....Clerk of the Superior Court of... Milil oe, County: TAKE Notice, That the undersigned do... — sccmaieets t hk right to administer VA 4 upon the estate of/the said , deceased, in favor of Me, oad pA ideale .---» and respectfully ask WARE ici cr ee Pacueall may be appointed Administrator of the said state in...... This the Witness: F gett (d a | Deceased. No, 414—3M—12-59—3395] JI Y I O Y M Vy e o i p u l as e a l g *L N V L Y O d N W I ; ge ; * <i ae = a an ee ee ee jo yq u o u r 94 } Ul JO I N I A a X | ss o Jo } By s a i u i p y pe u l R U aA 0 q g e ay y 76 st o n e a i r e n t 11 " s s a a b o wo d e a s st u a e Sa 9 V d S SI H L AS N LO N OG MH S I D SA O AL V O I A I L Y A D zz { op WT "7 * ~S H I L Y A d O U d T1 V JO AN IV A AL V W I X O U d d V TV L O L ' “D 'N @P p r s i n o pa r e s0 ] ai e i s y je a y D ‘N Ul pa i e s o ] pu k e po u M o ai v i s y fe a y 39 4 3 0 Pe e ee ea e ee $- ~~ 77 > (a n y e a % ap n y o u r ) 43 a 3 n u q Aq pa u m o ai e i s y je o y si o n p o s d wi e y Fu r p n y o u r Au a d o i g sn o a u r y { j a o s ty SI O N pu e sa F e F z 1 0 - 4 $ ~ Sa t e r s i y a u s g o3 af q e d e g ao u e M s u ] a1 8 I s y Oo ) af q e A e q au ¥ I N s U ] ss o u t s n g Au e UT pe U M O IS 9 I 9 1 U T aN I I U I N J V2 Y d I T Y pu e pr o y s s n o p y JI p N [ o u r ) sp u o g pu e sy I 0 I ¢ si t s o d a p yu e g sI I S O G e p yu e Y dI H S N O l L V 1 3 4 u LN 3 G 3 9 3 0 43 0 S3 I Y ¥ V I D I S S N A G YM Jo I n s e x y Jo iO l e l i s t u l m p y 24 2 jo uc ne s y t y e n t j° AA L L V L N A S A U d a A Y AO AN Y N AL V L I S A AO AK V N LY N O D HO I W A d N S AO HY S A T I D SO LY O d a y HO I 1v u NO I S I A I G ] XV _ SJ I N V L I M S H N ] SN N S A S H JO LN A W L Y V d 3 S O YV N I T I O U V S D HL Y O N Ca s h i o n , Al b e r t Fr a n c e s 19 6 1 CQ 2 “” = © P > Ss a 4 TI = 9 = a o ~” 19 6 1 No. 57-A—Annual Account—Executor, Administrator, Guardian THIS MUST BE FILED AT THE EXPIRATION OF ONE YEAR AF NORTH CAROLINA COUNTY IN THE MATTER OF ESTATE OF Albert Frances Cashion [ NUGHKOEX Deceased Amos Smith Exaniter, Ad 9th... day of January... .19.62.., to wit: RECEIPTS Money on hand as per inventory Received of ...Loan. from.Thomas_N. Cashion Sale of cow & Ccalf-one-half being as Thomas N. Cashion E...W. Millsaps-For 1958 Chevrolet truck -8oCial Security Administration Davie Elecyric Membership Corporation Total Receipts to date. loan from Edwards & Broughton Co., Raleigh TER QUALIFICATION In the Superior Court—Before The Clerk ANNUAL ACCOUNT 3.00 . $4,038.17. . &.. BRB 80 . §$ DISBURSEMENTS AS PER VOUCHERS Date 347.907 636.00 120.00.” 26.79 ~ 30.00.“ 1,433,00 ~. 82.907. was ro 1-14-61 __. Paid. Johnson. Funeral. Home-Funeral expense 1-27-61 = George M. Gurley--Note & Mortgage 1-31-61 —s ss Hub Miller--Note & Mortgage on cow and calf 2-15-61 « B. F. Goodrich Store--bal. due on note FR A HR 2-15-61 = Winecoff Marbel & Granite Co.--Tombstone 7-10-61 ts _ George M. Gurley--Note & Mortgage 10-30-61 12-14-61 Fi a R RF R RH R HR HR PP RH KR LA K RR P A A HR HF $ $ $ $ $ $ $ Total Disbursements to date... $2,675.26 $2,681.75 $2,675.26 .82 Total Receipts to date... Total Disbursements to date Balance on hand to date.. ; Ss ; $ ) m a e. ° P e Ss o a "TI — ~ = © o “a 19 6 1 7 OME MO A ana nee Clerk Superior Court. The foregoing account has been audited, the vouchers submitted in support thereof examined, and the account is hereby approved and confirmed. Let the account, together with this order, be recorded and filed. This, the............./... th cit ill |. LL “ge - F SLLL IOI OS A = Ag 8 Clerk Superior Court. ¢ ‘J o 97 8 4 S JO pi o d 9 y UI pe p 1 0 d e y up y “1 , . w p y “I x y LN A N O O D O V TV O N N V ‘y a N n o D Jo s e d n g Ye p 8S l 0 E — W E — 8 S - 6 — V - L S — OD Uo P Y S N O I g 7 SP I E M P T FOR THE GUIDANCE OF THE ADMINISTRATOR, EXECUTOR OR GUARDIAN Every executor, administrator and collector, within three months after his qualification, shall return to the clerk, on oath, a just, true and goods and chattels of the deceased, which have come to his hands, or to the hands of any person for him, perfect inventory of all the real estate, which inventory shall be signed by him and be recorded with the clerk. He shall also return to the clerk, on oath within three months after each sale made by him, a full and itemized account thereof, which shall be signed by him and recorded by the clerk. Revisal of 1905, section 42. Every executor, administrator and collector shall, within twelve months from the date of his qualification or appointment, and annually so long as any of the estate remains in his control, file in the office of the Clerk of the Superior Court, an inventory and account, under oath, of the amount of property received by him, or invested by him, and the manner and nature of such investment, and his receipts and disburse- ments for the past year in the form of debit and credit. He must produce vouchers for all payments. The clerk may examine, on oath, such ac- counting party, or any other person, concerning the receipts, disbursements, or any other matters relating to the estate; and having carefully revised and audited such account, if he approve the same, he must endorse his approval thereon, which shall be deemed prima facie evidence of correctness. Revisal of 1905, section 99. x No. 57-C—-FINAL ACCOUNT—EXECUTOR, ADMINISTRATOR, GUARD. Edwerds & Broughton Co., Raleigh—1386 THIS MUST BE FILED AT EXPIRATION OF TWO YEARS AFTER QUALIFICATION NORTH CAROLINA IN THE SUPERIOR COURT—BEFORE THE CLERK Iredell COUNTY IN THE MATTER OF ESTATE OF ‘ Albert Francis Cashion ( SiXeeX Deceased FINAL ACCOUNT By ..Amos Smith | EXOD, Administrator, GeO To Co.-Go.. smith , Clerk Superior Court: Balance on hand as per Inventory or Annual Account filed Received of ...Hub Miller for horse “ U. S. Government---ASsc Program Payment « _...chomas.N...Cashion---Loan = 493.31 -) Qe ~” S. ° s . Ss oO a "T) =“ & 3 i) o n” 19 6 1 “ “ TT I bide irae Commissions @ 5% on Receipts of $...34343-75 ° ° ° ° ° ° . . ‘ ee ee Commissions @ 5% on Disbursements of $.32069,41 ‘ . ° Note: Adm. wants only portion paid to him as shown in Disbursements. Clerk’s Commissions and Costs Total Dish Total Re Total of All Disbursements “ Disby Balance 0: Paid to .. “ Each Distt share (1384) Date 3/16/62 Fe a Rapaiae stain 2 rae 3: a! see ~_ DISBURSEMENTS Clerk of Court N. C. Dept. or Revenue — AMOS mitthsceeilbh sabi Clerk of Court “ oe “ “ss “ “ “ “ oe as per voucher No. 8 13.40 9 81.45- 10 Ba nservonsesconene snmmnsiidinease Dsisccdsnaiiiasipnniisapligassigcs moaesesebbnnii Psssncenecioeniscsnesnilniniisia $ $ $ $. $ exceuntintiontinit Ravicnsiininiisicistbesst a tienen Discinsnicrneniicantiaica a \caitasieneain Pviserenicbinvalncosbcedniimgiaeeal <rediinieweeress Drsctnttnassbictonsnibabiineaiciane $ $ Bovrcone cevascantensses Piictscnnsciemiilcishitniiatdiie i. conmccntsences Gi eaeeinrenetaineteinae Ctntmesnnbeeeete Doers - encceneonstee Banssenniens sphepannsshacendcabansidadannnccan p ating sooneudeneussaseeseesenmhinineeetontecansesnesen seceseeebsnanecosces sub ctnheskinlahviensenibinee. ‘ee sconasbereontnatsnnessinsnssacbinnesetannegabesnes saseenssiuneeesaces pe iinanele ih -aieelivenieeeiphaelilaiisae oe ninpiniidaAasiciinnaiibianibabkamaciss in * <node unenbnbennntncneanpencteeansdosiinenee oreteenmibecennns,., sovenconnsnebnnbinnstensuiehbonnasang Diwan "2 acacia 8S FS 15? elbiketainigNiebiiidestniiiiniibeis (ia 8 ena » 19. ce cnnennesedseviiintsansennnnsbiosersen jas iteessiatainineliasiibhiinabbiitinieekescasi Riding * sneha sileahinbiaaésaisia ee coneneccennnnncsenesnesaseneeneneconensseamincnms eceseseuseeesesensns a + Peieaisiii be ieptemeneiecieiiiiiinidientiaacasiiigi seitlivdbciinilinstcianentinagiibbiiiansili o Diinng * sonora eliiiaieiasilatiiatiinalaieiia ini oc eee sesiehe ibis inliiictaniigds 6 Mining? eresnenanneensounenenonssenseosansatensonsveenss: eeretereocoenessese, pnlicnieitianumseasaieitbe ci. re piciieeainainaiiinice ingest (iano RS ehmienadalataae 0 BB , * 2 deal ae » Siwy: * Re fac eng) eae ec es OG tle ee ta aay conmecneuscuneescwenecensievesetesesesensasansecs <cerseensassenerece ee ee eee 19. i ee dee ria Mia tie § eeene DSi 8 ds Total Disbursements ............... — Total Receipts : an (<M sini 1384) OD See (1384) “coo OC SSS CSCS SERESSS SN SSSESEESSESSSSSCSSecce share in said estate, as detailed above Each Distributee’s share has been paid out in full settlement of the respective distributive Total $... The foregoing account has been audited by me, the vouchers submitted in support thereof examined, and the account is hereby approved and confirmed. Let the jek with this order, be recorded and filed. This, the..._.£ day of 7 ih -mahaphiutiibnnds ee 4 é patil io vo Vy jt itp: fee Filed... 1. Kill Wht ¢ se EZ eo: Z 4 he b8 E I — O 0 0 S L I — * + S - L — W E EN N O O O V TY N I A c) a ” . ° r a Ss oQ a "Ti = 2 2 oO oO n” 19 6 1 Amos Smith ’ Admr., *Bkti* or ihtdieh, being duly sworn, says that the foregoing Final Account is in all respects true and correct to the best of his information, knowledge, and belief. Sworn to and subscribed before me, this Orta nit Skeeter Administrator Guakdian MVetary Rblic M Ce pam idssiion expire Maveh 1$,196 , 2. 4 . ri hitclaim deed 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RAYMER & RAYMER ATTORNEYS AT LAW STATESVILLE, N.C, 12 13 14 . My gy ft C4 ZL yu Ve 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RAYMER & RAYMER ATTORNEYS AT LAW STATESVILLE, N,. C, 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RAYMER & RAYMER ATTORNEYS AT LAW STATESVILLE, N. C, >A Nor th 1A 1 a (Ve We L] Lrolina younty ft)? C LAA xr, bed Liki, AA f Lt df resid edell A ATC) YY} aae} aguly wWO lll, Gaul ent freeholder of County, North belonging to i a ct North Carolina Superbor Court v v er oO Tredell Sree the Clerk Arch Gesthier, Louise Cashion Yarnhardt and husband, James Garnbardt, Paul Cash- ion, Beulah Cashion jest by and through her next friend, ene West, and Gene West, husband of Beulah Cashion West, ex parte. PETUTION TO SELL LaND 1 ce we of of of TO JOHN Le MILHOLLAND, CLERK OF SUPERIOR COURTS: The above named petitioners respectfully show the Court; ade That annie '’). Cashion died intestate in Iredell County, 11 N h Carolina, on the 10th day of larch, 1925, leavins surviving 12 yet petitiore: A, H. Cashion, her husband, and the following 13 children as her only heirs-atelaw, viz: Louise Cashion Barnhardt, 14 Paul Cashion and Beulah Cashion ‘est. 15 16 g he said Annie %. Cashion, at the time of her death, 17 ing described parcel or tract of land in Chambers- 1% burg Township, I: 11 County, North Carolina, viz: 19 Begi: ning : stone, John Guy's and RR. W. Phifer's corn- inning then Ne 1 &. 45 poles a pine in John Guy's 20 ie; ther } 99 Te 85 poles to a stor in Conger's line; there f 38 poles to a stake in Mrs. }. ! see's line; thence 2 3 36 78 poles to the beginning, containing 27 acres, more or eing the land conveyed to Annie %. Cashion | ; les 22 Page, et & recorde. in book 55 page 84 of deed reco ty, North Carclina. 23 24 25 hat interest re ti oners in said 26 dividuals is & P ws it, Louise Camion Barnhart, Paul 27 Cashior and Beulah Cashion est are each entitled to an undivided 28 one-third ints ; ein or the proceeds of a sale thereof 29 awbject to th ife estate therein of the said a.H.Cashion, sur- 30 ing husbend of the said annie W.Cashion, who is 99 years old, 31 hat the petigtiones James Barnhart is the husband of the said Louise Cashion Barnhart and that the peti tioner fine ‘est RAYMER & RAYMER ATTORNEYS AT LAW srareomese™ © 4s the husband of the said Beulah Cashion "est, and that each has a prospective ct sy right in the share of his said wife in said land by virtue of their marital relationship. atu eulah Vashion “est is a minor wi thout renera: ‘ testament fuardian, but appengzs in this roceedin; and throuch’her husband and next friend who 3 been duly appointe- A\ at u u y ‘u o r y s e 2 of superior Vourb of Iredell Sc o l Said annie W.,Cashion ted to the lietropolitan 121.14 iSurance Vompany in ie Sum of One Thousand (y1,000.00) 12 Dollars which was secured by a ised of .rust on the land herein 13 above described and a bract containing 52 acres owned oy the said 14 H.Cashion, and that the aot is now due, 15 16 17 18 Sanie 19 20 account of the smal numder - acres 21 22 23 24 Ly 3 ull ovinion 25 rom tne affidavits filed 6 1! a t.P.Hag who @re @ood judges of real estate 7 lues an 2nd whe land above described that ~l,000,.00 28 iS he fai alue of saj L& L @&rd iore & 29 30 31 RAYMER & RAYMER ad as ; rar ’ he ee eet oe ATTORNEYS AT LAW Lau 4 l Lil € . . € 18,1 now oY years STATESVILLE, N.C, urchase t! inter Of :7 itioners in pay therefor $1000.00 SS Ui present cash value e t , AA ot u u y ‘u o l y s e ) Sz o l 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RAYMER & RAYMER © ATTORNEYS AT LAW STATESVILLE, N. C, of his life estate therein which would be 5425.00 net 4 5 vO ne petitioners, and also to assume the payment of all liens against said land and the cost of this proceeding, and that your petition- desire to accept She said offer of tie sadd A.li.Cashion as same, in their opinion, is the full , fair, and reasonable value of said land, Court that an order is proceeding for the sale of the interest of your hereinabove described to A.H,Cashion said offer, ant at a commissioner be ape LO make sa Wwext Priend Ma J o bagns ty ical ca Attorneys 4 North Carolina Iredell County Paul Cashion being duly sworn deposes and says that the petitioners in the foregoing proceeding; that he the foregoing petition and tha eé is true of his own to matters and things upon belief and ag to thos it to be true, ind’ subscribed before me lay ir Yecember, 1954, MAL ee iperior Cou —— mw | 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RAYMER & RAYMER ATTORNEYS AT LAW STATESVILLE, N. C, eres Saic ed + yu » 4 3 -ecvuea ‘ft his pointed a commissione in s@éid lands at priv rice hereinabave stated, to him upon paymen { e ircnase | } proceeding 1d the said mnissioner is iereby report ’ Said sale t is Court within five ] lis caus is retained for further Vi 4 a 1 dA erior vourt MM Lhe lldie 1 3 3 North Carolina 4 Iredell Younty 5 : A.H.Cashion being duly sworn deposes and says: that he is a resident of Iredell Gounty, North Carolina, and on this date 3 iS fifty-nine (59) years of age. This December ae 1954 11 12 Bworn to-am aibscri bed before me 13 this the /5S day of December, 1934. 14 a t " hs YOULL k Allan 4 8 Letk> PERO, Carry 17My commission. expires Jan. 2,19356 18 19 20 21 22 23 24 25 26 27 28 29 30 33 RAYMER & RAYMER ATTORNEYS AT LAW STATESVILLE, N. C. ‘u o l y s e y M ot u u y ST o l Commissioner of vale 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RAYMER & RAYMER ATTORNEYS AT LAW STATESVILLE, N.C. M at u u y ‘u o r y s e $c o l il 12 13 14 5 16 17 18 19 20 21 22 23 , 25 The foregoing orders and decrees of John L. Nilholland, Clerk 26,0f Superior Court for Iredell County, North carolina, are hereby &n all respects approved. 27 This the ~& day of December, 1934. 28 29 <n a mM an ee, 2 re 30 Reszpent Judge of SuperYsr Court Boy! thé fifteenth Judicial District of_) 34 North Carolina. RAYMER & RAYMER ATTORNEYS AT LAW STATESVILLE, N. COAL ‘hud, ff ) )7 S WAMONS 4 fo the Sheriff of [redell County---Greeting: re hereby comaanded to suraon fhe Yestern Jnion Te 2fraph Company,the de fandant above nanad,if if be found within your County,to be and appear before the Judge of our Superior Court ,at a Court to be held for the Countyof [fredell, at the Court House in Statesville,on the ninth Monday after tne first Monday &¢f Sentenber,and answor the complaint,a ersv of he denosited in the office of the Clerk of the Supertor Court for said County within the first three dags of said termsand let said defendant take notice ,that if he fail to answer to the said coiunlaint within that tine,the plaintiff? wi bi e n = &apoly to the Court for the relief demanded in the complaint. ee ee f Hereof fail not, and of this summons make due return. sr : % Given under my hand and seal of said £axxxyx Court,tnis 25tn. # dav of September 1897. i.V.7urenes, me Clerk Su rior Court [redeli Couzt ce t BR E ei se aT wh t ed ‘u o t y s e ) A2 T a a y be e s 7S E L E be , 8 * 5 ea ee es e vi e l e i - te s ee d ad Me Fi ey er e a rt d ie ar t a p da e ae - BS Be eo ea e ee ro te | ce es ti g ‘u o t y s e s ) > < i) 4 < North ,®rolina yn the Superior Court yredell County Nov Term 1897 Application to gue as @ pauper I Anna ,ashion, plaintiff I I I Vs The western Union yelegraph Company,defendant. I I To the Superior Court of said County; Anna ,a@shion being duly sworn says;that she is unable to give sureties or make deposit required by law, to enable her to pros ecute the above entitled action against the defendant, The Western Union ,elegraph Company, and therefore prays that she may be allowed to sue in said action as a pauper. ee de ei Sworn to and subecribed before me this /( day of ,et 1897 ~ tt, F /) . [od Bi pads ee ihn, I Ileave to sue Anna cashion, plaintiff I Ias a pauper Vs I I The Western Union Telegraph Company, defendant I Order granting In the above entitlea action, upon the certificate and affidavit above set forth, it is ordered; I-- That the above named Anna Cashion be allowed to prosecute her said suit as a pauper; II-- That no officer shall require of "YFEy, and she shall f { f 4 Ma ChL4 freee " Glerk Superior Court recover no costs. L.C.Caldwell certifies that he has examined the case of plaintif in the above entitled action and beleives that she has a good and meritorious cause of action in fact and law. hl fb duct SI Garth Atty ta yaw ~ - L, 2 > <2 2 C € ‘T norcnU ay Pe se 4 "mH * ~ Io % a r : . eo ee es o 2 re he s : ee ee er “e e e Pe) Ca s h i o n , Av e r y Fe e ut a ee ae ar a A2 a a y ‘u o t y s e o Neyth carelina In the Superior Ceurt tredell Cemnty Nev term 1897 ANNA CASHION, Plaintiff COMPLAINT. vs THE WESTERN UNION TELEGRAPH COMPANY, pefendant. The plaintiff cemplains and says; FIRST-~That the defendant, is a cerporation Guly charterea, organized and deing the business of telegraphy in the Towas ef Morganton, N.C. anu Daviasen ,N. C. in which twe piaces it has an office, agent and employee, which places are cennecteu threugh other offices ef the aefendant cerporation by the telegraph Wires createa, ewnea anu operateu by the defendant canpany. SECOND---That the business of said telegraph coanpany is fer pecuniary consideration, to transmit messages for the public over its wires from one place te another and te Geliver the same to the party addressea and for the use and benefit of the parties interested at the earliest possible moment. THIRD-~-That at the time hereinafter to be mentioneu, the plain tiff was in the town of Morganten, N.C. residing with her hus- band, whe was engaged in a manufacturing establishment. That plaintiff is a resident of the County ef Iredell FOURTH=~-~That on the 17th day of August 1897, her saia husbana was killed while at work in Morganten, N.C. leaving plaintiff and her infant chila alone. That she nad no one there to whom she could ge and rely fer information, assistance and comfort in her hour of distress ana aesiring the presence of kindred upen whose sympathy and love she coulda relyand te whose care and attention she ceuld commit the body ef her said husband, and te whom she ceuld leok fer the necessary preperation fer the interment of the body ef her saia husband and whose consolations would have releived her mind ef anguish, caused the follewing telegraph message te be sent to J.W.Mock, her brother~in law at Davidson, N.C. “Morganten, N.C. BAT ~-1897 J.W.Mock, Davidsen~-~ Come at ence, Mr Cashion i@ deaaeKilled at Work-- Jehn Payne" That the Mr Cashion named in the said message was the husbana ef the plaintiff and the party killed en the 17th day ef Aug 1897. That John Payne the sender of the message was the agent of the plaintiff fer the purpose ef sending the message. FIFTH~---That in consideration ef the sending ef the message ever RT WE R the wires of said company er corporation, said canpany or cer- poration was paid eut ef the funds ef this plaintiff the char- ee oe ges therefer. SIXTH---That saia message was receive. at the effice of the de-~ an i a fendant cempany at pavidsen, N.C. at five e*cleck on the evening ef said 17th day ef August 1897, but was permitted, threugh the gross negligence ef the defendant to remain in saia office undeliverea until the morning ef the 18th day ef August 1897, teo late to allew the said J.W.eMeck e& other friends or rela- tives to comply with the request eof the plaintiff. SEVENTH---That because ef the carelessness ana gross negligence ef the .defendant company er cerporation in net uelivering said message, as was its duty to de, the saia J.W.Mock was prevented from attending the plaintiff as requested and as he woula have PR E . cA ad done and plaintiff was thereby depraved ef his conselations and a er ‘u o t y s e g ) A1 3 a y ebretherly sympathy. That because of the negligent failure ef the aefenaant te deliver the said message as it was its duty te de, thereby causing the failure ef the said mMeck to reach her plaintiff in anguish ef mind was cempelled te jeurney with her said dead husband te Statesville, where she was canpelled to re- main all day Be g = EIGHTH=-~ That by reasen ef the gross negligence and carelessness ef the aefendant plaintiff was made te suffer great anguish ef mind te her damage Eighteen Hundred Dellars. NINTH---That piaintiff made written demand upon the defendant within sixty days next after the sending of the message for an gi s ee se we ae adjustment ef her claim fer damages. Wherefore plaintiff demands judgment; First---- For the sum ef Eighteen Hundred Dellars damages fer fe e : ee F ca n e s the negligent failure ef the defendant to deliver said message — eh PE i at the proper time. sa SECOND=--- Fer cest of action to be taxed by the Clerk ana fer such other and further releif as may be jsu and right. J.F.Gamble and L.C.Calaweli Attys fer Pitff. Pe ea wo ANNA CASHION, plaintiff makes eath that the facts set ferth ot ti e RK in the feregeing complaint are true as ef her own knowleage Fe except those matters stated upen information and beleif anu a | C? Ree these she belieives to be true. ba ee He “thie psc, — = Swern to and subscribea befere me This 7 Day ef Nov 1897 *‘ u o t y s e o A1 3 a W w Sas EE “Ped North Carolina 21 Count nm" telegraph wing the he s a % ES oe s 4 Ty +97 UAL i § Nees thio . ant _— esi baad n all gat dong COYmadmnod rs "Fn ‘, > o 4 MAL Li Lge Pida OUT OF Tm PUIDS oF PLAINTIFP: cv 7 2 tet Bg TAM TAs : aSUTLON Of the COMPLATIO ¢ ote SOaa BOGE ‘u o t y s e y ) A1 I O a y v aa hing a ay Sea Bente DEFENDANT COM F . WTI Pr TC re) siecle ale Llthe Oo hd 3 J ~ i 4a am. th sad ; ; ¥ j TPT ITT aa TTDI TB } ; Con 1 C | 3 2 ure 1457 ~ esilicniw Cos . “CLIPT.ATITMs UMP UAL ls TDI T Mm oi 2 T. AT? TM MALIN. 6 Tom DT ota) stipulat dom that the IQMTCIATHW oy WidlarILU.i ' “TOTS TTT, d Jii ae ie, 4. ful Lite @eeeeeaeeee @eeeceee ee eeeeeeeeeoseeeeorwra@neeeaev ee ee . KLC o a a 4m ites ~ is ww a4) SHH SH SHHSHHSHHSHSHS ESSE SO ESEHOHES LOT HOES HEE de 7% Sa i n Be at e s . Aa* ie Ft a ae tS TNO CWesGay oO Ti r e s / A a , . / é x POCO OOOH EH SESH eEEesEesererecse Set ese ee eeneeses / ; ’ ie e e mS Pn 2% a ae ee eS = se “ ae a ‘ ss a a ea m | ae ‘u o t y s e a A1 I 3 S a y Ge oh Pe a Special instructions askea by Plaintiff's counsel. If tne jury emerbea fina aS a—Faet fran tie eviuence that the message in question was receiveu at ' , ’ "7 “ Daviason at 5 o'elock on the even: & of August 17th, loy’, 7 = ry ! ana Was not delivereu until 7 o'clock on tie morning of loth L697, tie Defenaant woula be guilty negligence anu the jury should answer the farst uniess tie jury shoulu further fing tuat the Detenuant used reasonable ailigence to aeliver the xg une, In wnich event answer "Nelr MAXB@e 619 S&lu iss7e woulu be no. jJUCy smermde find wee dact from tie W. A. Mock livea within office at Daviuson, anu tna Was sent \ a son of W. A. Mock, anu t: suen relationsnip, em only family of Mock's j me Messavec to W. A. Mock's, or to make ie failure to do so WONLK LY On the part of the Defenuant, anu tiv jury shoula first iss ves. the jury eereweke | evluence tiat Vie messa reception operator placeu ne Colorec 1 ness 'o ueliver, ana saiu Sloan maue nu [> @XCept at the Post Office, an h only in ti course uf nis b I51Ness, men 1e mali, Oit Gontentea himself W1iitnm Stanains on tne Defendant nas not iseu reasonable ailigen¢ + na the jury shoulu answer tie jirst a ae 5 GON aes of tne messave, as it apvears on its @e VeTenaant that IrONnpYt a“ellvery s reasonable aili:-ence siicukd be same, a it the jury shoul ina ‘t LOWGU tO 241N UNGeLllvVered trom 5 o'clock ‘ ' ¢ ; of Auzust til 7 O clock on the morn n e Defendant aae no effort to aeliver sai uescribeu by) mG witness Sluan, tne OvVCraLOor to be \e Mock, « SLO; eu, ri € Yetcnaunt nas the au Pa k ao se ok 4. es ‘3 er y tne settlea iaw of’ 7 ms RA R iental A~UIsSn, irres:.ective ¢ sence vol m ak Gilizencel 1s Toundeu public volicy he . me e e » @&S wall as aturel justice, ee d et ao = sy ae Fk ot jmry snoulu tina tnat the faklure of’ 4 Pnuant to aeliver eausea the Plaintiff to suf Ter = 3 entitlea to recover, calit Do oe ier Whatever sum, in od re is reasonable OMmpensation for 1 vy! if the Defenaunt's negiivent tailure é to perform the auty Cantion shoulu be observes nuaSbanu de not conti bY in not in y“uestion, as it 18 the iutter allows uaiage. Lina grom tne e@viluence tiuat, 6! | «« Mock to town on the even Né ls Reg sk ei gaa ivth 1597, haa the Defenaant aelivereu ti Message tnat ne coula ana wouiu have uriven through tne caintry to Statesville in time to boara the tr iin atl Statesville guing to Morganton, anu this reached Morya nton Det'undant "s ai Pe to aeliver shiouia i'inu Le CbheretkL | Alles ye V QD o n > . 0 ~ A1 I O A W V ea eee, ia ee Be SS ee ieee ao Special instructions asked by plaintiffs counsel, Pirst:-— The plaintiff having shown that the defendant under- took to transmit the messave in question, the lav imposed: upon the def endant, the dolivery of the same to the sendee tly, or that defendant exercise reasonable dil and ifthe jury should find that the messacze was Davidson at 5 o'clock on the evening of the 17th f August 1897 (and this is admitted) and was allowed to re: undclivered until 7 o'clock on the morning of the 18th of August 1897,then the defendant would be guilty of negligence and the jury should answer the first issue ,yes, the jury should find that ¥, A. Mock lived the messare was and the operato:; , Davidson knew such >olatvionship and knew that W. A. Moek’s was the only family of that name in or near Davidson, and failed to send said iessaze to J liock, or to make inquiry there for Je We ; to do would be negligence on the vart of the defendant he jury should answer the first issue, yes, f the jury should find that J. W. Mock was in the of Davidson after tie recention of the Lesgage by the perator upon the streets, at the vost offi orncliius's 4 a other plac now aia opera and said oncrator placed the hands of Pat $ the « witness, and itness ade no inquiry, except 2 post office, and thi wnaen he went there after inmail in the regular course of his business, but conte hinself with standing upon the street, then the defendent has not used the diligence required by lew, whe juxy should a ar th ‘rst issuc, yos,. Tow rth: Ga. ee a es es ae Ba be BY ea ge (2) upon this occasion hac tie message in his hands each tine ice with the mail, or after the ail, ind only incuired one time, and that at the post office for J. W. Mock, and the jury shot further find that Av NON beinre 41 VOCLINE 4 messenger re: 12 Sa Jury should further find a 4 SMAI } r MING inquiries concerning the condush would be neglige jury should answer the That from the face of the message it appeared to 2 eae —S be one of importance and r Kee? oa vas notice mg to the defendant that prompt delivery was recuired, that ee , TE than ordinary care _ oe s Ee es . A : a Was expected, aid if you find thet Messace was allowed to re.ain undelivered from 5 O'clock on n the evening of the L7th . of August until 7 ptclock on the morning of the 18th, and the Pe defendant imade no other effort to deliver said hessage, than al oe pe described by Pat Sloan, anc id n send said message to \). A, liock'g where the o erator said et e ~y he stonpéd and e rife ma no inquiry at We. A. Mock's then the defendant has not + 4iu 0 i exercised reasonable care, thet is Vat. v ate » that care and diligence proportionate to the responsibility and the jury should answer issue, ves, ai recogn:zes that the human rind is capable ++ vne be recovered, and if the jury set forth in these instructions b: sed then it would be the duty of * vlc jury to adc whatever sum in the judguent of the jury dcemed — « ’ nm of Ys e4¢ a 4° ‘ oe £ weA9 proper as &@ punishnent for the r¢ lige / ‘u o t u s e y A1 I 3 a y Ca s h i o n , Av e r y Q @ n S b. Oo o Al e a w ee nee ee ‘u o t y u s e ) oA W Aa Ca s h i o n , Av e r y Soul ' / wm . wn ‘ r ‘ i i a - ne te el nnndhh ‘u o t u s e a Al a a w OQ © n » w. 0 ~ AZ T 3 a y Q © n > be O 5 A1 I 3 a y Q & n a be 5 . A1 I 3 S a y 8—-30—'97. 75M. FORM 181%. Southern Railway omepaty, fo _Division, £0 5 UaKD Fou comanv's BUMNEME ONL ION, gg TO BEB USED For COMPANY'S BUSINESS ONLY Be He. V. Furehes, ‘ Statesville, Ne C. Dear Sir:- By request ef shies dene and Tillett I enclose you subpoena accepted by my self and Azer Shell te attend ceurt as witness for the Western Union Telegraph Cempany in which they are defendants in the case ef ares Annie Cashion. Yours Truly, An ‘Ay ~~ . J J ( Keen | - = /A\ r { \ Manager. —_ Morganton, Ne C. May 25th. Ises ‘u o t y u s e ) A1 O A a y v } Be eae In the Superior Court Anna Cashion The -4 Vs May @erm 1898: Western Cashion, na Cashion? August 1897? 7 Mamrrantas In LOPE a! von. Where did you live upon that date, and who lived wn w Ls Lowe VOU VW we. "an ily killed, né day Mrs. Cashion, if you know? vac eVvcnin: 3 and 4 o'clock, After learning of lr. Cashion's death, Mrs Cashion what be @one? Payne id a tolerran to Mr. Rayme Mock, Jf 4h J WILL C¢ Payne to nd a telerram to Mr. Mock? Who was rinlav, he live? In Morganton, Where was } neat time? At ler's @ lavidson. avidsou, i. Beery ne ee ee, (2) and benefit was that nessage sent? sir, was the message sent Mock, << .. 4 > ; Vane 4 { fAril- * AOD “77 causod the lessage to } Suny to Mr. Mock for yourself? ‘ z at = Si e = te s - he e ea Pa Q. How long dia you re.ain in Morganton irs. Cashion? nd was killed? ) 5 Mm 10W Ong after the mes age was sent? ing at 5 ofclock,. ss Q. : 1 the tine the Sen. until you lert Morganton on the 18th at 5 O'clock, did Mr, ifock Or any other os fricnds cone to liorganton? A. No sir, « Did not? Q A. No sir, Q « Where did vou £0 when you left Morranton? A, Te Statesville, ea eas a =: ae ; il ae ie . VF, : . VwNETC We i ay O1 /ournusband, it vd Foi bint Q A Q A Q. Wes your husband’: A. Yes sir, Q. About what Statesville? A. I caiie t remember what tine, i Q. Barly in A. Yes sir, ‘u o t u s e s ) > < fo) 5 < Pe Sek eh peg (3) Q. You left Morganton about § O'clock and came on to Statesville? A. Yes sir, Qe How long were you compelled to vait at Statesville? A. Until that evening when the Charlotte train went down, do Q. A. About 7 O'clock, Q. 1bout 7 O'clock in Yes sir, Where did vou go the To Davidson, When was Mr. Cashion buried, He was buried on Thursday the 19th The next day after you left Statesyr Yes sir, 5 your message had been delivered immediately upon at Davidson you would have nad to cole down here relain here just the Sale, You Bould'nt have any earlicr, Could you? ‘u o t u s e ) SA V Az cece em ee ae ay (4) I could have gone by private conveyance, From Morganton? From Statesville, Well Mr, Mock was here at 10 O'clock and Mr, Wil sae time? Puany hh +n re OY irok: here to Davidson . *. oe om ke ch . * Mock had gotten here rivate conveyance? A, Yes sir, we could ha made some arrangci.ents, % if. wan 4% i ‘ ; WAV aw. <heet wnt es S es Did you un e -*S ionor you would have gonc Davidson by private c iveyal i tir. Mock had of arrived ps ree waltn s , : . tr . Se when he ¢ con He fot here 3 Fs ze ) ir. Payne cane 4 \ LCS Sir he came, and Mr, c nd Mr. Shell was the Sw: cuite e@ number of his fellow ap e iuch goed as they coul¢ id they is in t i ee Pr they furnished you vy + * oe ae ? r wert hd “ Cveryvinin: Ae Yes sir, hind Qe Furnished 3 . coffin and @ dress, and furnished you money = come with you, a oe Lend and Hr, Davesy and he did svetesville and remained with (5) until Mr. Mock and Mr. Will Cashion met you here? A. Yes sir, Q. Then while you were here in Statesville Mr. Daves was vith you part of the time and the rest od the time Mr. Mock and Mr, Will Cashion? A. Yes sir. Q. Well now irs, Cashion, you say that Mr. Mock was on a visit to his father. Was he on a visit particularly to hisfather? A. Yes sir, Qe Well how far did his father live from the telegraph office? A. About one quarter of a rile, Qe Why did'nt you direct Mr. Payne to send that lessaze tn care of his father. He did'nt live in Statesville did he? A. Mr, Mock lived in Morganton and was on a visit to his father in Davidson, Qe Why did you not direct that message in care of his father? A. Well I thought they knew where his father lived and that they would send there the first place to find hia, Qe Mr. Payne asked you how ne should send it; called your to that very fact did he not, and you told him simply to send it to Davidson and that vould do? A. He asked iie where to send it and I told him to Mr. J. W. Mook at Davidson, Q@. Did'nt he ask you if there was any particular address? A. Wo sir, Q. And you told him just to seid it to Davidson? A. Yes sir, Q. You renember that? Yes sir, Qe Now you had a brother-in-law lir. Holler that lived in Davidson College did you not? A. Yes sir, Q. Lived there close to the depot? (6) A. About one quarter of a mile, Q. Within the corporate limits? A. Yes sir, Q. And Mrs, Cashion you had a brother who lived also in the Davidson? A. 2 sty idea but what Mock wou Q. Well, why dia yo BSclect Mr. Moek instead of your brothers why did'nt brother to Come, who could have gotten the lessare right there at the depot? A. Mr. Mock lived there with us and I knew that he would } ) ni10,4 * He wes better acquainted with the people there and On the £xrmaxx evening train ton about wat tine? By that tine all the arrenven: been &t 5 O'clock, There would have been some arranze Ae r ™ sO MOL, Re-direct, OQ. Cod Jones artea and dress wes not+ Are either one of ‘u o t y u s e o A1 a a y my r qn . 4ley WCre ALS the Western liock's fathe Davidson? ’ aan ce ae rc + % - * rand _— Q. You Bi "2 A JV / vi Om oany had been ” ‘ - aly g: » se Xiiigeg buried? *‘ u o t T y u s e y A1 I 3 A y eRe Ba tt Sake ae (8) Je W. Mock, Mr. Mock are you real 4 . CLACEC z £2} HM Hrothnas } 4° “A VLOUNC Led Ne) ar or Ad € you on the 17th day o what places \ PP 4 20 Vii. LOG 7Orporate limits, eS Be r e : oy oe ! nN hatwane +% Pps wi between vll@ Or? 466 OE ‘u o t y u s e A1 I 3 a y father's A. None, It can be seen from there, Qe. How long has your father to your knowledg avids Oh, I can't you sir Were you born there at Davidson? Yes sir, How long did you live I lived there until I re Liore or less fonor and the jury whether or not Mr, lock day of August 1897 wepe acquainted with the the town of Davidson? WaSe lave you Known hi hin ever since ¢e C % Davidson, I an several Liend.d , a oe on + , 9ccn Tne Goodman, you receive a l« gent Sa 0 ee ee 5 When did you receive the message? o ef the 18tas I Wald when I received ite of August 1897? 17th, ton, and when? ‘ 4 ; . - . 4 a+ «4 .<r4 Py U 07PS >» conveyance tO ovavcs’ tatesville with : Do yor now when the train leaves ~ oe Sa n i t oe Pg } ae ad pe telecrem in time, & o boar 5 What did you do eipt of the telegrans sa Qe What oh ome 3 = ss ro ES dived 11 ne I ma renents to £0 A. Wuen I receivoc. 1% t mornir me arrane ae ° ares train and cane +ne 10 o'clock train onrougn v aes dd dew “ fab a here about 11 o'fcloc! 3 Ore» ‘ i a a ' 411 e'cl on the 18th day o oy ete Be oe BE ae WE ee i7 soph . jury what your received and yo 4 —mweitan *a4 Objection Pais you have done vine i nave had 4 tine t y arrangements i before lea g rh) ie 177 ave gone throug d country and : You w Mant wharo h Mock where had 1c Country. D a place | od Boolie, 9 miles? miles. AP R s OE a ae Se ae > < o 4s < ‘u o t y s e ) Bie Ea me ey ea (12) Qe What tine did you leave Davidson? A. That morning Q. When you went to Doolie? Ae I left there about 8 o'clocKks Q. In the morning? A. Yes sir. Q. Well what time did you say you got back? A. About 6 to half past 63; not later than half past 6, Q@. You don't prete:d to say you got back then? A. I certainly do. Qe Wheat tive did that freight train leave? A. Leave Davidson? Qe Coming here? Do you know what tine it left there? A. At 6 ofclocks. Q. Have you inquired what tine that train left there? Ae I did'nt exactly incuire for it. t is due there about 5.40, or 5.45. Q. How long does it stay there? A. Not long, I cannot say exactly. Qe. I asked you if you had made inauiry. You don't know that train left there at 6 o'clock? A. I know very well where it passed me, Qe I am not agking you that. I am asking you whet tine it left? A. A little before 6, I do not know the schedule time, but heard some one say here yesterday that the schedule was 5,40 to airive ard 6 ofclock to leave, Q. Now where were you travelling along the road, and which way was the train going? A. It caie from Mount Mourne, Qe. How fer from Mount Mourne did you meet that train? A. I was just in the edge of Mount Mourne; no distance, Qe Mount Mourne is 3 miles from Davidson? f Yes sir. That train left there at 6 o'clock, it passed you 3 miles rs ae ¢: bo ae 4 (13) from Davidson and then you tO Davidson, A. Yes sir, Q. You were driving ao horse A. Driving a horeec, You say you got there at 6 to half rast 6, Did you teke any note of e mimute? A. I suvpose it was about had 3 Lule? out 6 o'clock? ‘that time you got there, just half pest 6, Q. Did you know what time that train passed Statesville going to xmexmemntksingxx Morganton the vestibule, at A. Yes sir, It passed here about 10 o'clock, or nearly O'clock, + 6 you know that train passes How far is nere to Davidson College? past 6 O'clock you would hav 22 ijles that night. You sey i as 3 . tL. Bs great deal less tine, Charlotte, 22 miles, Ped = 4 Gz av Was over lacedemized roads, Had you received the luessage at 7 o'clock you think you would have made t e I could have made it Sir. A Q. Could you have made 4+ et 9 necessary arrange statesville i tine to catch the 9,45 train? A. That was Qe. Will you a quarter stoppec at, If you had gotte: the necessary arranre- Ca s h i o n , Av e ry a Se e a pe e ‘u o t u s e ) > < oO s he yee ee Be (14) uients, got in a bugey and driven 82 miles by 9,45 O'clock? A. Yes sir, I think I coulda, Qe Well would you have done it? A. I would, Well now you say if you had gotten the messare would have gotten a conveyance at Davidson and vould tesvillo that evening, Could'nt you have lade in Davidson by telerraphing?. Didnt you Know any livery stable man in Statesville? . , A. Did'nt understand the question, Q. Made arrangenents for irs. Cashion to on to Davidson, You knew she would hevc couie on that trein. Why could'nt you just telegreph to Statesville to a livery stable and engaged & conveyance and mect her on t road sonevhere? A. I did'nt know any liveryman here, I had'nt got any telerram Wetil the next morning, Q- Well you got it in the iorning you say about 7 o'clock a va ca g = SS 3 EF fl e 8 ai oe 5 A eo bi a ‘u o t y s e o 4 AI S A Y (16) A. Because the train was right there and I did'nt have tines Q- You could have told some one to make it for you, You coule have cone up to some point on the road and stopped off and waited for it on the road. You need not have come to Statesville but just met the funeral »rocession and gone back with it? What time does that train leave? Leave where? Leave Davidson coming to Stetesville? It leaves some time between $ and 10 o'clock, posted on the schedule as I am not a railroad wan, Q. You had all that tine to telegraph that coiwunicatio: here, From 7 until helf past 9, Mr. Mock where dia you stay that night? A. I stayed at my fmkum brother-in-law's Mr. John Holler's, Q. You did'nt stay at vour father's? A. I did'nt stay at my father's aftor I eat supper. Q.- Did you go to lir, Goodian's that night? Ly father; not all the time. I was at +4 44 nam , — q ao venersc narv or tni IIS » & number of relatives there? any earre We just looking around, Q.And thaB night you did ne your fathers, but stayed Mr. Holler's? A. Yes sir, Q. You say that you went to the post office? A. That was the first place I got out of the buggy. Q.And inquired for your wail? A. Yes sir, (17) Q- Did you see the Postuaster. Do you Know the Postiaster bhere? J 2 wee + Yen A. I an acquainted 1th hii, yes Qe Was he the tan you spoke to that evening? A. I am not positive whether it was Mr, Wilson or his clerk, Q. Who is his clerk? A. He has several in their, + Q. Did you heer anything about. this telegram being received? Bs... 2 ee note Q. Did you hear anything avout it until tye next morning? s A. ZI did not; ee eae ' Where was it delivered to you? t was sent to iy father's, and uy brother started down mk Holler's with it and I met him on the road with it, you were not at Mr. Goodman's that night? sir, you had g¢ sLesran the evening before, or the have undertaken the trip n the Westbound train? vhe train where would you have . anew . , . +7 1 > y -OTNning unvil 10 o'clock the next the train? — 2 oe : ' Din , 5 %% "mA wt$ét ent (OULG you sca vO 4OCE ai Cc WLtaA wWnom ea d the arrival of Me g ee ent down to ‘u o t y u s e g AJ a a y ‘u o t y s e g A2 T O A W V es po ee Beas (18 ) your father's? A. Nothing only what he told IC. Stand aside, W. A. Mock, Q. Your nane is We Ae Mock? Ae It 4g. Q. Where do you live Mr. Moek? A. I live about a quarter of a inile west of the depot at Davidson, How long have you lived there? Well I have lived there I reckon 35 or 40 years, State to his Honor and the jury whether you are acquainted with the operator at Davidson, and whether he kuows you? A. Yes sir, 1I & acquainted with him and he knows ne, Q. How 4ong have you known the operator at Davidson? A. I knew his father before he wae born and have knovn hin ever since, Q. Where were you on the evening of the 17th day of Aurust or a little before 5 O'clock until nignt? I was at home, You were at Bome from 5 O'clock until night? Yes sir, Now state to his Honor and the jury Mr, Mock if there any telegran received, or if anybody called at your house on the 6vening or night of the 17th of August with a lessage for J. W, lock? Ae Not to ny knovledge, or any of my folks, If they coe they did not lake theiselves known, Q. Did a nessaze ever cone to your house? A. It cane between 6 and 7 the next liorning, Q. When the .0Ssage was sent next morning Mr. Mock what instructions did you give the messenrer Ley, or the party who 9 hed the hessage, as to the whereabouts of your son? a Pc i e wy <3 2 ye e Se a a iy es wo ‘u o t y s e d 4 > < (i) 4 < ST BE Tey AEE EA (19) A. My son talen the messare and read it, He imediately horsed and saddled him anda Started to hunt my &0t his Other son Je W. Mock, Just as qui Set ready, e Mr, Mock, Btate to his honor and whether you knew ” © your son Mr, g, W. Nock wag spendi ng the night of the Q. Y you lived from the office? Ae Something Cross exa: Q. Do you liv aot VC 9S +} + say bla uv b hw + Villy Ha aan > +3 1G Cmie lere £) welt Y nN Ba Ee BL ne ee 1 ae (20) The Defendant introduces the following witnesses¢ J. N. Payne, Qe Mr. Payne where do you live? A. At Morganton, Qe What is A. Morchandising, that the messace message Aug. 17th 1897 7, Mock, Davidson, N.C, Morganton, Mr. Ls is d Killed at that message at the request o - widow of Avery Cashion wes she? sir, you know Mr, Cashion before he was killed sir, were Mt Payne when } was killed? the report, about a half wing Company that cane, over to the Mampgamkerpm Morganto thon? here to the denot, Did you sco Yes sir, Where was lirs, Cashion? She was by her husband's side, where he ‘u o T y s e y A1 I S a W w i BS fae EO asl A short tine, And } 1d c & side I surpose 15 347 vC8 before he in connection with others? o. A Re drew a sm and send Those were denot and Q. Did you te Cashion? overruled, Plaintirr accepts, Q. What info rmation, if ary dia you give in rezard to the rela- tionship of Mr, Moek to Mrs. Cashion, or A. None, QO. How much did you pay for that message? a, 25 cents, Q. Who pait le Ot a See Did she pey you? No sir, Did the Company for who: Mr. Cashion work pay all clains? Yes sir, What did you do with regerd to preparations for the -v - a funeral if any. What was done? > ale A. I bought the c8ffin and the robe and had i sent down to 4. 7. Vetta the house, 4-4 - — le _ ~ ln ey fo of aa ¢ was put in the coffin wi Anybody assistin; *& Who was Mr, Superintenden f the Morganton Manu for whou Mr, Cashion wes working. come with Mrs, Cashion to Statesville? ir. Daves, Who was lir,. Daves? A. He wes a hand erployed there by the lMorranton Manufactue ring Company... Q. Who furnished hin She simkgk money? A. I bought his ticket, Q. Did you furnish all the money? Yes sir, How imfily persons were there assisting? there was @ dozen; perhens a helf e dozen, ‘u o t y s e ) A1 3 A a w W ‘u o t y u s e ) AZ T 2 a y (23) A. There was ladies, yes sir, in the room with Mrs, Cashion, Cross examined, Q. The Western Unio: Telegraph Company did 'ny pay any of these bills, Did it? A. No sir, Q. And it made you pay the quarter for sending the messare? A. Yes sir, Q. These people up theres the eq-laborers and fydends of Cashion kindly prepared his body for burail and you met expense which were aftervards refunded you? Yes sir, But the Western Union Telegraph Company eontributed ing to A. Wo sir, Q. The operator there made no akxxxz inquiry from you about Lits. Cashion was? A. No sir, Q. Nor at any tine afterwards? A. I don't know at any tine, Q. Did he ask you about lr, Mock, or where he could be found, Or anything at all? A. No sir, E. 8. Daves. Q. Where do you live lir, Daves? A. In Morganton, Q- What business do you follow, A. Mechanic, Q.- Where were you the day Mr. Cashion was killed? A. I was working in the Sesh @ Blind Pactory where he was working. Qe Who cane with Mrs. Cashion from Morganton? Statesville from lorganton., «. Drom Mergenton to fo where? ‘u o t y u s e ) Al S a A W To Davidson, To Davidson? Yes sir, You turned back? Here at Statesville, Why? secause Mr. Mock and hk Will Cashion came up here a us and we irs, Cashion, anc I then went Morganton, her until she and her husband's brother, Mr. Will Cashiion, 4 A. After we got here to Statesville? Q. VWape you with her up to the time they cane? A. Wot all the tine, Qe I went with her from the depot to Mr. Bowden's, anc 4 £ to stay a she circustaincesy and told iimI wented her until the evening train going to Davidson, Q. You were doing this at the request of lis, Cashion? g No sir, not particularly, Were you doing it for her benefit? come over here to the Western Union *, &@ messaze to if. Will Cashion that What time did ir, Will Cashion set here? He got here a little after 10 o'clock, I think it was. Where wes the corse of lr, Cashion? In the denot? Yes sir. Cross examination, What attention you paid her, a h Gone for her, was ne by the kindness of heart of ie people with whom and for +e a Air . : 44 att 1 . 1 s9 ; 7 ha - a i 14 hom he worked, and the atten n you paid her was because of Sa AS a Be Sb oped (25) the fact that he was a fellow workman and a citizen of the place? A. Yos Qe Did you down here wi A. No sir, Va- sy 5 - Ye 5 %. ~ Q. You went back fro, here Y requested to contrib: Did anybody ask the Telegraph Company that I know of, Q. Did the Telerrapn Company have anythine to Co with the killing of Mr, Cashion? A. No sir, Qe Never had anything to do with it? A. I never heard of anything, Q. Did the Telersra h Colmary kn to your knowledge +] & collection for her? OW Of. ‘u o t u s e ) AI 3 a W v eo Hd Bie kobe (26) Wm. Thompson, e Mr, Thompso?:, there do you reside? ’ What Telerraph operator, Were you the telegraph orator there on the 17th day August 18977 Yes sir, 5 o'clock, and I did'nt Mock, as he lived in Morganton at a quire arowid to see if he was ey aud the first place I sent to if he had been in town, The ty oat that Mr. Wilson the postiaster, was done? look Z. , +. ff a» ble Lor until about +. ne carried out the around if ti d sec it gone, and and at 7 o'clock, a he said he 4% hoi . he 3 , S house right the ‘u o t y u s e ) A2 T a a y et ea Ra n Se r e wy Me . ‘u o t T y s e a > < a 4H S Q. A. a. A. Qe A. Q. A. 7 ® Qe A. Qe Ae Q- ne Begs Sal aoe ey (27) Wheat time do you close your Office? We close about 8 o'clock, When was the message sent out again? It was sont out the next morning, Where +o? 76 Me. ds We Moek'ts Pati { We A. Hock's, What time was It was sent bout 6,45. he messenrcer ‘clock, I think it was about 7 when he came is ell you know about it is it? Cross exailination, 7 How far does lir, Mock Sr., 13 froin the depot? n One-half or three-quarters of a mileg I would say. What are your free dclivery limits there? Half a mile, Upon what conditions do you deliver messages outside of free delivery linits? Obgection raised, Objection overruled. Defendant excepts. What are the conditions in naking deliveries outside dclivery limits? to have the regular charges guarantced, the charge delivery. bhe mernsenger you sent Pat Sloan, A colored ian? Yes Who worked at the depot? Yes Frei Yes Passeiger All in on (28 ) sir. knew he lived there in Davidson? sir. Knew lf Sir. m his all your life? sir there any other mai Q. No A. Thats all. Q. And you knev W. Jock and Je We Mook? A. Yes sir. And you knew those Moc!) 4 the tine you received the on the eveni: ¢ 17th of August? m7) RNGY O14 Q. And you sent this nm up street and you st@od hi in to watch it? we down to W. A. I asked whet you ddd. You did Pat's hands to W. A. Mock's house until the next morning? A. QO. you know a 4 at that Q. Did you know her husband? No sir, J. Vf ow far did you say it was from the depot over to if. *u o T t T y s e o A2 a @ a y v bie a a SY fed (29) Mock's? Ae l@ehalf tc three-quarters of a mile, Qe Did you measure it? A. No sir, Q. Just giving your idea about it? A. Yes sir, Why did'ng’ you send the messa; over to Mr, A. The essenger found out > post office Sitios ween Ull©e road. Pat Sloan, Pat Sloen, Well tell the Court end the jury if you kno anything about on the 17th day of s/ugust? the message and I cerried it Where did you When. he give it t told me to take Mr. Nock was in to to go and see if I 1d stayed about ien I reported ne to from Mr. Wilson information did you get there? road? A. Up this way towerds St tesville, Q. Then what did you do? A. I kept the m AGC, Went back and told lr, Thompson, anc then he told nc to watch the road, If he was in he would have to go by there to his there watched until tine for the freight Got ik *‘ u o O T Y y S s e y ) A1 I S a y (30) and still had the telegram in my hands, Did'nt see anything nt it until the other train, the 7 o'clock train amie and earried the mail down, I still had’nt sav anything of him, Then I gave it to i mpson,. That was the last I goen Of it, 4 dogn, and I hadnt Q. How long had you watched the road? A. I stayed out there and watched until 7 o'ciock. 0. How did you knov what time it was? A. I knew by iy watch, what time to take O. A. The Passenger train, Q. The regular Pagsenger train? A. ‘he 2xxxk Freight train coies up about 10 minutesof G and I carried the mail wp, then I went around to the office at 7 ofclock to gct iy mail to take to the Q. What train wes that? A. The regular paswenger train. assenger train? Going to Charlotte from Taylorsville, I went down the office at 7 o'clock and got that nail and took it around from tho passenger train down to the office, I still did'nt see anythinz of hin and then I gave it to Mr, Thonpson, G. Whi time did u give it to li, Thompson? % aio A. About 8&8 o'cloc Q. nile you we did you see any A. “7 My, Amour, Mr, Armour scen me with the telesrai The first two times he did’né see me, but for end I told + to theo road? A. About 150 or 200 yards *‘ u o T t T y u s e o d AI O A W jc Pe ae Ag e e cP T Ea r s . Ps ». Si p e Pe # we 4 = 3 = ' Se r e , RR R SS . ; Be ia ee i sg ca e al ne (31) Q. When you were at the depot you could see hin pass? A. See hin pass right along the road not far fron the depot, @eoss exaliinetion, Qe I understooa you to toll col. Jones that ltr, Thoupson said to you that he had heard that lir Cashion was in town? i? . A. No sir, I said that Mr, Tho: pson sa.d he had heard that lir, Mowk was in torn, and not Mr, Cashion, Qe Pardon Ne, I should have sania ir. Mock. You tola Col, Jones that Mr, Thompson told you that he heard that Mr. Hoek was in town? A. He did, Qe And for you to Ge@liver this llessage? A. Yes sir, Q. And for you to deliver this messare to him? A. Yos sir, He told ne to SO out aid look for hin. I went ut and looked for hin, but I never seen him, Then I cone back, The second time I went out I went to the post office, Q. And while you were there got the mail? A. No sir, Just went up to the post office the second time, Qe And went back down to the depot? A. Yes sir, Were you working at the depot? Ae Yes sir, Q. You had the messaze when the freight train came? A. Yes sir, Q. And you were eixployed by the Railroad Colipary to work at the depot? Ae Yes sir, Q. You got your mail off the freight train and went post office? to the A. Yes sir, Q. Then you cane back down to the depot and still had the message, and after awhile the passenrer train came along and you fot the i811 off the passenger train and you took that mail up to the post office, A. Yes sir, ee a ae ka s | ‘u o t u s e ) > < Lo) 5 ne Pritt (32) And you came back to the depot again, and you did'nt see Mock? No sir, And you stood in the road and looked for him? Yes sirg And you then delivered the message back to Mr. Thormson? that is all you know about +t? R. L. Armour, Where do you live Hr, Ariiour? At Devidson, Whet is your business? I work for H. M. S loar: @ CO. Wheat is their business? Merchandising, Q. Merchandising? A. Yes sir, Qe Did you see Pat Sloan that evening, the 17th of August with a message for Mr. Mock? A. Yes sir, I did, Q- Where did you see hin the first time he cane around? A. I 10ticed hin walk fro; the depot towards the post Q. Whet tire reg that? @ A&A watt ITteCr § O'clock, Q. How wan, tines dic you see him after then? A. Well I seen hirx about 3 times that evening. When he cane for the freight mail he hed the message in his hands, Q. Well did you have any converg&éion with hin about that hessarec, A. Not until the thira tine when he came after the passenger Imail, Qe What took place between you then? A. I noticed he had been carrying the message most of the ee sh * ca d eS | es te a ai ? a ae a aa ae fa d a —" ae é ; + he e én ak , ee e | is xe i NO ea e ee e es > < ) nj < ‘u o t y u s e ee BR Rai ies 5 SE (33) evening and I asked him who the message was for, Q. What did he tell you? Ag He simply told me it was for Ur. Mock, Qe Did'nt you tell him anything about Mr. Mock? A. I told hin Mr. Mock had passed up the road about 2 or half past 2 in the afternoon, Q. How long did Pat stay there? A. He did'nt talk to ize but a fev second, Qe Did you sce him again? A. That was the third time, wher he carried his passenger mail, I saw hin, Q. What iine wes that? A. About 7 o'clock, Q. How do you know it was 7 oclock? A. It was just a few inutes before the train came, Qe What t:me is the passenger train duc there? A. 7.35. Q. You say it was about 7 o'clock when you sew hing¥hen did you see hin asain? Did you gee hin any more? A. No sir. That was the last tine, Qe Did you see Mr, Ho ok when he came in? A. Yes Q. How long was it after Pat left there before Mr. Mock cane? A. It was just a fery short while, Q. According 3 1¢ best of your judgient whet tine was it when Mr. Mock got back to Davidson? A. Well I shoulda say 1t was 7 otfclock or oa little after, I cannot say exactly, because really I do not know the time, Q.How long was it after he got there until the passenger train? A.It was'nt < creat while, I cannot say exactly how long, Q.Do you work for the telegraph Company? A. No sir, Q.Have you any interest i this controvorsy? A.None at all, ‘u o t y s e a AZ T S a W eee Sy er ie BY (54) Oross examination, Q. Who do you work Por? Ae H. Me. Sloan & Co, Really, I,do not work for them all the time, Q. Who is the Company? A. H. M. Sloants brother, Qe Anybody else? A. No sir, His brother is not in now. The business dissolved, QO. I understood you to sey that you 5 times, Had it in his hands? A. Yes sir, He had it in his hands the 3 tines that I say himg,. Qe And you asked him who the message was for, and he Aid Mr. Hoek? Ae Yes gir, Q. And that igs all that was said about 26% A. That was all thet was seid about it, Q. What time was it I understood you to tell Col, Jones you saw Mock? A. AB well as I reluchiber it Was about 2 or hair past 2 o'clock the ofternoon, Who was with him? Mr, Goodrun, Ca not you be histaken about the time? I hardly hink so, You don't think you ean be nistaken about the tine? No sir, Who was with Goodrum? Mr. Mock, his brother-in-law? Who clse? I did'nt na ao a4 ae ye e Fo ce n Le ws ca e l ee oa n bs an ‘u o t y u s e ) > < i) y < (35) Q. Did you sce Squire Cornelius? A. Since I remember I believe I did, but would'nt be positive, Q. How far is it from Davidson out to Doolie? A. It is considered 9 milés, some say 8 and some 9 miles, A. Shell, Q. What is your business Mr, Shell? A. I am Superintendent of the Morganton Manufacturing Colpany. Qe Did Mr. Cashion work for your factory? A. Yes sir, Q. Where were you the day he was killed? A. I was there in the factory. I was in the office at the inrmediate tiie he was killed, Qe What was done then and by whem for hin ? A. As soon ac he was hurt he wes gotten out of the meahinery end laid on some plank, A great many of us gathered around bathed hin with water. We thought he was hurt slichtly and could soon restore him to life; that he was just knocked unconscious, but in e few moments we sent for a paysician, but that one could net be found, and we sent for another one anc. got the physician there just as soon as he could be obtained, Did all for him that we pogsibly could. He was unconscious all the while, Q. How long did he live? A. About an hour and a half, Q. What time was he hurt? Just about 3 O'clock; porhaps a fow tuinutes aftor ~* 2 8 there anything done; any provison made towards pre- bi burial, or arything? tell what you know? A, We sent & messenger for lings, Cashion as soon as (36) hurt, That messenger seemed to fail to find her, or failed to deliver the message, As soon as he died he was carried down home and friends prerared him and dressed him for burial and placed him in a coffin, Qe Was anything needed for his funeral, or Mrs. Cashion's comiig to Davidson with him that was not furnished? did'nt see that there was anything else needed, as would have tricd to have done it, Was the Company Cue Mir. Cashion anv 1. ney? Yes siz i hiii some, Did A. Yes sir, we paid it,% Als was prepared for burial and arrangelients made for her ¢ Start at 5 o'clock in the morning. Q. Did you go to the depot with her? A. No sir, I did'nt &0 to the derfot., Cross examination, Q. It was not the Western Union Telegraph Company thet did any - these kindnesses wes it? A. No sir, Q. It was his co-laborers and the people he worked fo in him a good laborer, and your hearts in which he we; killed? Wnion Telersranh Colupany to We did'nt call on them, Q. They did'ng heve anything to do A. Not that I know of, Q. Is Mr. Caupbell about Morganton? A. I never knev hin, Ty s e 5 ‘u o 1 AL S A W Y ro ‘u o t u s e ) A1 I S a y v eek Je N. Payne Qe How long has Mr, Calpbell been gone from Morganton? Ae As tly memory serves ne he left some time last August Qe Some tine last August? A. Yes sir; perhaps in a few days after Mr, killed, Q. Who is the present operator at £ A. My con there, Oscar Payne, Q. Mr. Payne, your sou is now the operator at Morganton? A. Yos sir, Oscar Payne, Q- You are the pregent manarver of the Western Union Telesreph Colipany at Morganton? A. Yes sir, Q- Where were you on the 17th of August 1897? A. At Hickory, Q. What was you doing there? A. Was ordered there by the Superintendent to relieve the Acent for 2 dayse Q. Relieve the Agent? Who took your place at Lorganton? A. Mr, Campbell, Qe Was Mr, Campbell in the regular service of the Colapany? A. Yes sir, Q. Was he at that t¢inc re rly in their elploy? A. He had boen working as relier at other points whe required to do te Qe What time dia he qa ic services of the A. He was sent Clsewhere after I returned, I returned to Morganton on he 2 August, aid he was sent Clgewiiere you know where he is now? OS i ee 2 a ee (38 ) P. W. Goodrun, Q- Where do you Jive? A. Wantersville, Qe Whet is your businese? A. Superintendent of a cotton mill, Qe Whore vere vou on Aug 17th 18979 A. I was in Iredell County, and in Mecklenburg County part of the tine, Q. Who vere you with? Ae J. We. Mock, did Qe What time me you ana Hire Mock leave the town of Davidson on the 17thg A. I cannot say exactly; somerherc between 7 and 8 O'clock, Q.What tine of the day? Where did you To Doolie, What tine did you return to Davidson Mr. Goodruin? Well I cannot cey exactly; somewhere about 6 or halr in the evening, Q. In the evening? A. Yes sir, Q. Were you with Im. y ter you returned to Davidson? A. Yes Qe How lo: did you remain in Davidson with nin? Something like a quarter of an Qe Where did you go when you Ae We care by the post office a4 3 Tent af? ann ihn He JClly OL: ane nelius and stopped at Stough, Cor Where next did ¥ liock stop, or con down ‘u o t y u s e ) A1 3 a w et ie ae aa me e e ee Fr e d Ce e s ‘u o t y s e a > < @ hy he Peet £4 (359) Qe Cane right down through A. Yes sir, Q- You don't know enything about the hessage? A. No sir, Q. Qe It, Goodri: where were you icmber I was ’ - + Ver &E Vv IXAaC b13 {t. Mourne, the creck? do not know, Soiiec idea as to how far it is? sir, Ecannot. It is something like one or two miles, but I cannot say exactly, 1et it somewhere between Mt. Mourne and the creek? ay ly where I was solewhere between the the railroad and remeber heariiig the $3 miles or 3 1/2 frou. I never You were dri if n the railroad? No sir, no wic road travelling along pretty clos Pa. © lee sae a 2 LPEE (40) Q. What makes you say it was not later than half past 6? Ae Just simply because I knew it would'nt take me longer than half an hour to drive that distance, Q. You were then driving at A. I know It would'*nt ta? nalf i Whe °e At home, at cor -re 6did you get out of the buggy? Ut Pight belory Davidson and walked to Cornelius Q- Did you look at your watch w1 A. No sir I did'nt. I just xnov it was Q. Which di vion does lir, Nock, Lv 1 Davidson? 28 & Did you pass BY Bloan'ts store? Q. Yes sir, Q. How far ig that from the Cepot? A. Weii I could'nt tell you; somethins like 200 or 300 yards Vai? wen + ape n4 — . hae rs 34 I & of y : Q. You were livi orneliu that tine. what doing? A. Runni: ‘u o t y u s e a A1 I 3 a w v eee ee ahh i eas foe Bi (41) Qe. Now you are al Huntersville? A. Tee wiv. Q. How far is Mr. We. A. Mock's house from the Telerraph office at Davidson? A. About one quartcr of a ile, ie) ee e ? s oa Pe a *‘ u o t y s e y > < @ 6 < Ca s h i o n , Av e ry *‘ u o t T y s e o A2 3 a a y fi ( p 7 J Th, seg ig fi al 7 a ae ft hf on abe 3 J vat Soe A C fe wars abs AI ca kn os re f4- oe cL, be Van 2 es ¥ TC i Se ee Tee é Ca s h i o n , Av e r y C 2 x. + , Ls: Bet ©, \ hhh en cples “ ee a baz bajo — tle fa part he of. acca ce AA eS hte Pins, " CA AA det AAcd A f —_ /) 4 US de D- ts his ZF oo oe re: a OR l > y / Lt ack ot! Ct Atm + A pn 2 “of Z G24 7 _ Ht. ao “f eae i 1 / SVG COC“ kk / QD : - ©) ~~ S | ) mie La ‘u o t y s e ) A1 I S a y ‘u o t y s e ) A1 I 3 a V v North Carolina Superior Court Iredell County May perm 1898 ANNA CASHION, plantiff Judgment. Vs WESTERN UNION TEL CO,defendant | J This cause coming on to be heard at this term of the Court before McIver, Judge and a Jury and being heard upon the whole record, ana the Jury having found as follows to the issues lst--Was the defendant guilty of negligence as allegea in the complaint? Answe-- Yes. 2nd--What damage, if any, has the plaintiff sustained by reason of the negligence of the defendant? Answer $1000.00 It is therefore considered and adjudged by the Court that the plaintiff recover of the aefendant,The Western Union Telegraph Company, the sum of One Thousand Dollars aQamages, ana cost of the action to be taxed by the Clerk of this Court. haw falter __ a? AM Pore -¢€cect ~~ Fr e+, 4 pa eet < LLL, Judge presiding AN N A CA S H I O N VS WE S T E R N UN I O N TE L co JU D G M E N T . J UD G M E N ' Ca s h i o n , Av e r y Ca s h i o n , Av e r y Ca s h i o n , Av e r y Paice Bi ee eee eae HAMILT¢ LAW OFFICE F NES & TILLETT. PIEOMONT IN CHARLO *‘ u o t y u s e a > < © s < ‘u o t y s e s A2 T 3 a y v a4 . . ovate Ot Count; Anna Cz V8e Western Union Telerra +ha @, + CC 7 \¢ n ipreme Court, and aking 1 NOW THEPRrApPH .- the Wertam ( to secure the costs m a7 elegra cp As 5 @ ~~ ’ 2 “ em aah and a tse as surct indertak ith the plaintiff to the Jiat i’- ve. poy all costs which may be awarded against it on said appeal, n = the sum of $50.00. Wet ee ek & 4 age Une ; AL, (A. Ae prtasee seul) j ne ove . aa # Sworn to and subseribi as Witness my hand and Nota Ce Wty AV b.f a Yuckle: Vee ctbuclurg a 4 Ca s h i o n , Av e r y PSs cdeted ak Fee CREE In Supreme Court, x se na Cashion, ~Plaintiff- on Appeal TS —Defendant- x " : t the defendant for failure to deliver a mes- ned nyee ried before His Monor, Judge McIver and a jury a 1898, of Superior of Iredell County,, — ‘ ; 4 . i. v ‘Ein trial the following issues war fendant to be Submitted to defendant guilty of neglicence damages, if any, has the plaintitr © defendant.?" re A prepared by His the jury. aS alleged in th com laint ' Sustained by reason of the the evidence introduced by the parties Pespectively es @ « @ e* @ @ * n on ° @ n = ww ‘ AL S A Y 4 : ; Ps Ae ee a a a abi prin ¢ s Ln&, redel 1 County bide * shior ins J he Pore Court QONweOwANGS to +o ant ap Men A’ +ha r ~ 4han yre than thea Se 3 eS ae ( Mis : acrank Cary ! puri La escrap Cc ev had been receiv ce fa 0 ing ~ a a laetrary fork LOW ern + or oor a eY Vi w cont: Ssamey x 10 first iss > $ esaac of t i L ae & ah the issues ;% L : Pan The / mac iotion Toi me ror errors corm 1 refusing to give lant and Bth, committed by aa a +3 ‘ ror : art in 4 » port harge emb ets a ore ng and ) s3*It edfjeaoee a othin cormitted in that. af vekets and cor and ends Mock"e seeeaes@e#en#nee@ he first issue ie Court in giving the c ends thus:"If the jury **e2e0%8e@¢@ ‘ansver the first is: ndant's motiok for a new trial judgement for pl SLTT arprponn rao cond b Li OvreTY =—ru) a oO sid c ord. Nea fay I l Vel ANY: we } \ ppes No 2 0 é n Cour an An. See I art . POVUe VO « Boy! AOATO ARAM’ 0 > / 1. Defendant excepted. > set the Court - Nota Qn ae re ADSdS LGN tha forncot: op ac as covered aynay ram SRELENREMKXEYYERM the Court ndi hich 7 V5 rh4 bLOCLL ,over in e or atinet+ alns a ago ay eee al 1 th n ree ove r Bpavinth A” befrw Tha Core reth fr (a aes ae c ia Comte tin a eae we ben Ve fr dn are a gee tee, dba Geeta Be ae. et Sain Yap oa chon pen ape FP oat aa eet ee ae LAW OFFICES OF HAMILTON ¢ JONES JONES & TILLETT, SuiTe 1 To 4 CHAS. W. TILLETT PIEDMONT INSURANCE BUILDING, CHARLOTTE, N Mr. H. V. FPurches ? ait en it. OuwDp a _ ° / ourt y State sville ; N.C °9 We bese to enclose herewith check fot the treasurer of the Wes- 1 +n tha 2 a = e ic 1 Union Tel. Co.,payable to your order,for$20.25, to be applied to th a4 satisfaction of your bill agair the company for making out transcript “s 1~7*h«~ + eopy in the case c na Cé - vs. the Telefraph Co. We will thank you to send a receipt for this money to Mr. George H. Fearons, Seneral Attorney, I95 Broadway, New York City. > Yours truly, ft Rods ae ALLA ae {2 Oo Ww 7] a bw x A1 I S A W ee e of de i: y — Re s ee ‘u o t u s e d A1 I 3 A a W State of North Carolina, In the Supreme Court, Iredell County. May term 1899. Anna Cashion VSe Western Union Telegraph Co. This was a eivil action for damages, tricd before his Honor Judge Shaw, and a jury, at May term 1899 of the Superior Court of Iredell County. The plaintiff cunts Mie uges for mental anguish on account of the al- leged failure of the defendant company to promptly deliver a message, sect out in couplaint, and whieh was sent by one J. N. Payne. ~ It appeared in evidence that said Payne was acting as agent of plaintiff #6* sending the Said messag¥ , but there was no evidenee that the defendant co: pany knew n of the existence of the plaintiff on “that Payne was her agent in sending tho message, or was acting in her behalf, and there was no evidence that any such information was at any time given to the coupany. It was s,ovadence in the caso that Mock,to whom the message was sent gaS a brother-in-law of the plaintired, and it was in evidence that there was an unusual degree of af- fcoetion existing between the plaintiff and said Mock, but there was no evddenee that thas fact was cormmnmicated te defendant. Plaintiff testified that she sufferred mental anguish arising out of the failure of her brother—in-lav to como to her in responge to said telegran, and there was evidene tending to show that said Meck would have como to her if the message had been promptly delivered. Por the purpose of corroborate ing the testimony of the plaintiff as to her suffering, the plaintiff intro~ duced as witness the said Mock. This witness testified that he mot the plaime tiff at Statesville on the morning of the day after the message was sent ’ plaintiff being then on her way from Morganton to Davidson (Cell ge with body of her husband. For the purpose of corroborating the os to her mental suffering, the plaintiff's counsel asked the said witn the following question: "State, when you saw Mrs. Cashion at Statesville whethor she used any expression, ongay Jou any idca through hor expressionSgto you as to her suf- CAURA > tire-eause of your not getting to Morganton. If SO, ° that To which the witmess ansvcred:— "The first, thing she said she ‘u o t y u s e ) AZ a a y asked me why I had not como to Morganton, or why I had not written +o her. She scemed to be in very rmch trouble because she had not heard from me, and asked me what was the matter, etc.! This evidenee was duly objeetcod to by the def-ndant, but the objection onnthe ground that the question was leading; the Court admit— ting the evidence as tending to corroborate the plaintiff. And the defen= dant excepted. The Court, among other things, charged the jury that the plaintiff was entitled to reeover damagef as compensation for the mental anguish sufferred by her on aceomt of the negiigent failure of the company to promptly d#liv— er the message, Hotwithstanding the fact that the corpany had no notice that the said Payne was asting as the agent of the plaintiff in Sending the message, and not withstanding the fact the soupany had no knowledge of the existence of the plaint vs : Ww _— To these charge plainkift duly excepted. The court further charged the jary that it was not neecs for tho plaintiff to recover damage that the company should have been in= formed of the unusual degree of affection existing between the scid plaintiff? and the said Mocks To wb cnargot the defohdant duly excepted. Jury found the issuesgin favor of plaintiff and assessc at $900. as set out in the records. The defendants counsel moved to sot the verdict aside beeause the dar aSsessed was excessive. Metion denied., The defendent's counsel 7" ed @ new trial for the errors poate te 1n Court in its ruling, 2g toy * which J¥ZAskdd exceptions were taken as herein before seated set out. This motion was denied and de fondant § exceptod.e There was judgment for plaintiff and defendant§ excepted and appealed. Appeal bond fixed at $25. Notice Wavc@ed, Defendants counsel allowed thirty days in which to make up case on appecl, and plaintiffs'counsel allowod thirty days thereafter to file eXCop— tions or counter case, The defendant assigns the following errors:- i. that his Honor admitted testinony of the witness Mock as is hereinbefore sct out, and whieh was duly excepted to as hereinbefore stated. @e That his Honor charged the Jury that the plaintiff was entitled to re- (3). cover damages as compehsation for the m¥ntal anguish sufferred by her on ac— count of the negligent failure ef the company to promptly deliver the mes— Sage, notwithstand the fact that the company had ne notiee that the said Payne was acting asythe agent ef the plaintiff in Sending the message, and notwithstanding the fact tho company had no knowledge of the existance of the plaintiff, Se That his Honor charged the jury that it was net necessary in erder fer the plaintiff to recever damages that the corpany should have been informed ef the unusual degree of affection existing between the plaintiff and the saig- Mock. The foregoing is tendered by the defendant's eounsel as Statement of CaSc On appeal feb the Supreme Court, This the 2-/ day of June 1899. ne ee ar 4 Defendant's Counsel. QO o i) a be O 5 Az a a y Sy ee t oo bo i oy = t Ba a ta SE : ae Sa a: ‘u o t u s e s ) iC > < @ Ky < Gare i eae Soe Vs We Ue Tel. Co, Defendants recuest for instructions, Pirst:— that the Telerraph Compa) i ract did not m guarantee to deliver the messare in question, but Only arrced to use due care and ordinary diligence in endeavoring to aid if the jury believes from the evidence that vi 5 Teondant Company used such ordinary care and dilicence to deliver the message, then they s at irst issue, no, and the second issue, nothing, the Second:-= that the defendant was not bound by its contracts to go outside of its’ free delivery linit of one half mile to hessage » Or to seek Mock, whoi. the was directed, deliver Third ;:- af th ry believe from the receipt of the luessage at Davidson the defend conpany Vv \Y be could not deliver ti we to Mock, on account of his absence late for hii to reach Morganton recover danares b his failure to reach Morganton th more than the amount paid for be srue although they should find that 1S Guilty of negligence in not delivergng the nessage of the 18th, no evhdence that at the tine the for transmission the defendant Company was » “hose nane was signoc was the the plai tiff, nat the plaintirr Avory Cashion, who had been killed, or it wes sont was any relatic: of the plainti: whhy ae ery ie ee ie (2) f therefore the plaintirr cannot recover dé: aces fren mental 010 anguish, arising from the f@dlure of the defendant to id nessare promptly, or for the failure of Mock reach lorganton that night, and unless there is proof of other damages the plaintiff can recover no more than the cost of sending the t oPali, and they should answer to second issue, 2 evidence in the exse vending to nrove take the 6 otfclock train et Davidson day the messace was received, was due in whole or in part to any negligence on the part of the defendant in handling the message, and therefore the pPlaintifr ANTIA4 Yio TON, de © ~wQAlllOw POCCoy Ve Ch ental anguish occasioned by Wad vi Jock not reaching Morganton by that train, even though the jury Glieve that the defendent was negligent in not delivering the Seu re e328 telegram until the next ; rning, and 4 they should ansver ae er n re Y ne SCcone issue 25 ¥ . fe ek Sixth:-/LG tne tanuaces, if any, which the plaintiff can recover 2 in this case und r any view of the evidence ave guch as bf will cormensate her for her injury, if she has sustained any, ts be avarded against the defendant as a wrong done, if any was done, i> failing to —_ — ee n as e fe i , message in time, Seventh :-- fkrat ] jury award the plaintirr danagzes for SE K ea oo Should be careful to distinguish betiwcen Suish naturally rising from the death of her that anguish occasioned by Mock not reac Morganton on the night of the 17th of August, award her damareg for any anguish occasioned by the death of her husband alone, y itn eee ‘ Reg by 5 ‘per Bighth:~ “that the jury cannot awerd the plaintifr damages C”# detained at Statesville, even ir they believe from | cnee that the defandant was negligent in\delivering the m ta a u t e s bi ‘u o t y s e o A2 T S A a y A2 T O A a W QD om n bw 0 S oe a ey Ree ieee (3) message and even though they should believe tha , Mock had of. gotten the message in time, would have gone to Morganton that might and would have carried the plaintiff and the corpse by private conveyance to Davidson, or to tho place of burial. mt the evidence in the case the plaintiff Ninth:- that upon all to recover anything can recover no more than the » Gis ¢ Jyit entitled anount paid | ier for sending t the telegram, and in no aspect of © jury answer the scond issue more than 25 Ae ec . C Tle at. i a a: thax fu vet 7 dewo Jr <> > a rs A Jean lege” sf 4 wu ‘u o t y s e ) AL I S A Y Anna Cashion ) / vS, ) Defendant.'s Prayer for Instructions. W.U.Tel .Co 1. That there was nothing on the face of the message to disclose to the agents of the defendant, that the paaintiff had any interest in the message in question, and there being no evidence tending to prove that, the plaintiff's interest, in the message was communicated to the defen dant, the plaintiff is not entitled to recover anything beyond nominal damages in this action. Se That at being admitted that the plaintiff sustained only the rela- tion of sister-in-law to J.W.Mock, then, in oe for her to recover wef J ; damages for mental anguish in this action, 1. anit piairat Cie. there was an Unusual derrae-oef Shrrersen existing hetorsen_bae and her eae, hee sne_tecond.that the fact. of ae unusual depree of at tad. wth ay ptt NM Gavtas ie affection was corwmnnicated to’ ‘eats company, and as there is no evidence that any such fact oxitheadwr vas corrmnicated to th- corpany, the jury are instructed that, they cannot, five the plaintirer anything more than nominal danares, 3. That the natural in¢. "nce as to the me: ‘Sage in question was that it} was not, fpr the b-nefit of J-W.Mock to enable him to come to Morganton and there being no evidence that, the defendant was informed that it, for the benefit, of the plaintiff, the jury are instructed that the tiff cannot recover any thing more than noriinal danares, 4. That if @verything was done for the comfort of the Plaintiff that J.W.Mock could have done shad he been present, then the plaintiff cannot recover any damages on account his failure to be with her, Se That upon all the evidence in the case the Plaintiff cannot re- cover any thing more than nominal damages, Eee a ee meee nna Cashion Vs W. U. Tel. Co Deffenaants request Lor instruetions. First: - That the telegraph Company i itS contract uiu not gliarantce to aeliver tine messaze in qiestion, vut Only agreed ‘ tO use ane cure anu Oraginary Gilisence in enaeavorin Geliver it, ana if the jury bel 1eves from the eviuene: nat the uefenaant Company usea such Oralmary care ana Gilisence in its efforts to aeliver t SILO L« Ling tne fF >t lssue no anu tine 2SSue notiilin,:. , ) Secona: tnat ne aelenaant was nui bounu SY its contracts ’ ’ to ¢0 outsiue it's free uel ivery iiimit of one hait mile to GQeliver the Of, Or to scek Mock, wnom Glrecteu,. ie Thira:- if’ tie jury believe tran the e recelvt of tiie mess: 7 At VAaViason the Ei Corda nor aeliver tie same to Mock, on account &@psence from tiie town, until 1t was too late for him to Fs GA reach Morzenton that night » then the pla ntitf eannot re cover Ggamages by reason of nis faiiure to reach Morganton tuat a nNigi ana Can recover no more tnan tiie amount vaia tor oy & tne vOLCE Pam, @nu tn1s wourla ud 4 S1ONULG Ting that the ae naan Was in *® not uclivering the Message until the rnin SY 1h Fourth: - é there 1s nu eve idence tnat at the time the a message was fileu for transmission the uelenaant Cuuvbany was informea that Payne, whose nae was Signeu to it, was tne ‘u o t y u s e ) A2 T a a y (oe ay aay oe the plaintiff, or that the plaintiff was the wiuow Avery Casnion, wo nau been kiiiea, or tat Mock to Whom it Was Se} as anv relation of the pla ntiif, anu therefore ti plaintiff cannot recover Gamaves for mentai anguish, ee tne fa lure of the aelenuant to aeliver sala messe primptly, or tor the failure ot’ Mock to yeaen Morszanton thi night, anu uniess there 15 prouf ol other damages, t! laa ntilf ean recover no more than tie the teleyram, ana t: should answer to seconu issue, 25 cents. Firth: = that there is no eviuence 1n tile case tenulng tv > ee . ' ’ rove that Moek's failure to take tiie 6 o clock train at for Statesville on the Gay the message Was ole or in part to any negligence on the in nanuling the message, ana tuerefore tne as pigzintilf cannot recover usamazes fur tie Inental an,iiisA aes v occasioneu by Mock nv reaching Morganton by tliat traln, @Men Sixth:- tnat t mM, eS i wnicn tne plaintifi ¢2an reeover in this case unuer any view of tiie eviuence such as will compensate ner for ner injury, 11 She nas ms talnea any, ana no uane;,eS Can be &WAPULKU 42,8 inst by ae + a * unishment for tiie wrong done, in faillry > Sze? @e in L me . Seventh: that "the jury awara tne Wlai ntiif uama,esior i 1 mental anguish, tney should be Careiul to aistinguish between ae a es -al anguish naturally arising from tne aeath ol ner t> . w> Bi ee se t s ‘u o t y s e o d > < o 5 < 4 ‘ ~ ar a 1 Ailgetsee ate i faces Be Ta (3) Musbanad, ana that anguish oceasioneu by Moek not reaching Morganton on the nignt of the 17th of August, and they cannot award her canages fora y ¢ 72Sh OC CasSioneu by tie death Of ier husbanu alone. Eighth: - that upon all tne eviuenee in tue case the Plaintiff if entitieu to recover anything , can recover no more than the amount paiu by her for Ssenaing the telegram, anu in no aspect of the ease ean tne jury answer ithe secona issue than 25 eents. Ninthn:- to GiSclose to th a“efendant that tin pla aint if't' nauany interest 4YWueStion, anu there belng 3 no evidence tenuing to prove (nat tne plaantirr's interest 3 in the mMeSSace was cannunicateu tou elengant, tne plain- 33 - tiff is not entitlea to recover anytning beyona nominal G Gama es i Un1lS aetion,. f 424uMittea that the biaintiff sustain- ; wie retation of sister-in-law to J. W. Mock, tien, oY in oraer for her tuo recover Gamaces Lor mental a Nnguish in ee sis mlS action, it most appear that the fact of the unusual m “egree o: affection Cxisting between plaintiff ana Moek was ey comminica tea to tne Compa n ana 4S there is no eviluence re 4iat any sneh fact was comminicatea to the Canpany, tiie jury ew se : are instructea that ‘tiey Cannot ¢ ne plaintiff anytnoin oO more than nominal Gaim es. 2V 1s Nat tne natural inferenee aS to the messa;,e ‘u o t y s e ) AZ T a a y Aig fe brett (4) in question was that it was not the enefit of J. W. Moek to enable him to come to Morzanton, ana there being no eviaence tnat tne aetenagant wac informea tnat it was for e benefit of tne plainti:f, the jury are instructeu that plaintiff eannot recover anytAing more than nominal Twelvth:- ‘that af everything was cone for tiie comfort of plaintitf that J. W. Moek econlu have aone, tiau he been hen the plaintitf cannot recover any aampes on account of his failure to be with ner. J. x s fh . ; i ‘ Thirteenth: that upon all the eviuence in tie Case tie piaintiif cannot recover anything more tnan nominal aanages. torn ie bite ee Q o n > bw. 0 5 A1 I 3 a V v al ‘u o t T y u s e ) > < @ 5 he! North Carolina Supreme Court yredell County é J Plaintiffs case tendered Anna Qashion, plaintiff I Jin lieu of defendmts vs I I Western Union gel co pefendant I This was a civil action for damages against the defendant for its failure to deliver a telegraph message as charged in the complaint, tried before His Honor McIver, Judge anda Jury at M@y perm 1898 of fredell Superior Court. None of the printed stipulations of the t legraph balnks ap. ly in this case as the message was not written thereon. It was admitted that the message in question was received at its destination at five o'clock in the evening and remained un- delivered until the next day. The Clerk will here copy the issues. The following is the evidence taken at the trial of the cause a@ copy of which is attached to defendants case on appeal and a copy is in the hands of plaintiffs counsel The Clerk will here copy the evidence The Clerk will here copy the special instructions asked by the plaintiffs counselwith ‘he marginal notes of the Court. The Clerk will here copy the special instryctions asked by the defendmts counsel and the marginal notes by the Court. The Clerk will here copy the Charge of the Court as given. There was a verdict for the plaintiff. Motion for a new trial by the defendant on the grouna that the verdict was against the weight of the evidence Q © n Ss . 0 J AI S a y v (2) Motion over-ruled and defendant excepted. Motion for a new trial for errors committed by the Court in the admission of evidence, Motion denied. Gefendant excepted. Appeal to the Supreme Court Notice of appeal waived in open on “at : a Court. appeal’ Bond fix€a at, $50.00 4 Zs s Here the Clerk will eopy the jJudguent A 60 days allowed Yer eipant to serve case on appeal. 30 days alfowed} plaintiff to serve counter case. Plaintiff Randers the wbove case as the case on appeal in lieu oy “of the defenamts case ae i agree tha t/ the Judge may make up the case for the Supreme Reta . Court withoys further notice. a gS Gn b Sette VEG ror PL Sa t sa e a ae Te Ca s h i o n , Av e r y 18 9 7 ‘u o t y u s e s A2 T O a w W a 262—2~16-98-600. TERM, wf eo NORTH CAROLINA, } Veh SUPREME COURT. ) INO. TT. A County. ) | JUDGMENT. | This caf§e are argued upon the transcript of the record from the Superior Court of fi3 0 County :+-upon consideration whereof, this Court is of opinion that there is. —-~_ error in the record and proceedings of the said Superior Court. It is therefore considered ¢ ru adjvpecd by the Court here, that the opinion of the Court, as deliy- ered by the Honorable e Ad. Om mn paea] ih Justice, be certified to the said f/ oy i Superior Court, to the intent that th a JEMM & cZ Ge Citta NA egl ? ? L a And it is considered and adjudged further, that the [Cf At res ~~ f é val (Ay ti,-¢ ’ dollars (¢__ 4 : ), to-wit, the sum of ie / — the costs of the appeal in this Court incuned., and let execution issue therefor. A TrvurE Copy: N. C. Supreme Court: Sept. teru, 1898. #298, Iredell Co. Anna Cashion -v~ Western Union Teleyraph CO., appellant: Jones & Tillett for appellant; J. F. Gamble and L. Cc. Caldwell s for appellee, Douglas, J. This is an action brought to recover damages for mental anguish suffered by the plaintiff from the neglect of the defendant to promptly deliver a telegram, The facts material to its present de termination are few, . On the 17th, day of August, 1897, the flusband of the plaintiff was killed while at work in Morganton, N. C. leaving the plaintiff and an infant child, Having no relations in re town, which was the res= idence neither of her own nor of her husband’s family, she caused the following telegram to be sent to J. W. Mock, her brother-in-law, who had been living with her in Morganton, but was then visiting his rel- atives 1n Davidson, N. C,:~ "Morganton, N. C. Aug. 17, 1897. J. W. Mock, Davidson = Come at once , Mr. Cashion is dead. Killed at work.- John Fayne®, This telegram was received at the office of the defend-~ ant company at Davidson at 5 o’clock the same evening, but was not delivered until the following morning. Mock testifies that if the telegram had been promptly delivered, he would have ridden through the country to Statesville in time to take the train that arrived at Morzanton about 11 o’clock that night, The plaintiff left Moranton the following morning with the body of her husband, and arrived at Statesville about 7 o*clock a, m. where she remained awaiting a train until 7 o’clock that evening, Mock arrived in Statesville about 10 o’clock the same morning, and returned to Davidson that evening with the plaintiff, Issues were submitted and answered as follows:- ’ 1, Was the defendant guilty of negligence as alleged in the com- plaint? Ans, Yes. 2. What damage, if any, has the plaintiff sustained by reason of the negligence of the defendant? Ans. $1,000, ' There was sufficient evidence upon the first issue to be submite ted to the jury, and we think was submitted under proper instructions, After the well considered opinion delivered at this term in Lyne vs. Telegraph Co,, it must be deemed the settled rule of this court that damages may be recovered for mental anguish, irrespective of any physical injury, caused by the negligence of a defendant in fail- ing to exercise reasonable care and diligence in the delivery of a telegram, The principles therein so clearly given need not now be repeated, as they are founded upon a sound public policy as well as : * natural justice, and are sustained equally by reason and precdent,. A Young vs. Tel. Co., 107 N. C. 370; Thompson vs. Tel. Co., Ibid 449; Sherrill vs. Tel. Co., 109 N. C. 527 and S. C. 116 N. C. 653 and S.C. 117 N. C. 353; Havener vs. Tel. Co., 117 N. C. 540. The doctrine is of comparatively recent origin, but has already been adopted with varying modifications by the States of Alabama, Illinois, Indiana, Iowa, Kentucky, North Carolina, Tennessee and Texas, and is recog- nized in Shearman & R, Negligence, Vol, 2 Sec. 756 (Sth. Ed.); Thomp. Elect. Sec. 379; 3 Suth. Dam, Sects. 975 to 980; 2 Sedg. Dam. Sec, 894, The rule was perhaps suggested by the following passage in Shear- man & Redfield Negligence Sec. 605 (3rd. Ed.): "In case of delay or total failure of delivery of messages relating to matters not con- nected with business, such as personal or domestic mtters, we ao not think that the company in fault ought to escape with mere nominal da ages, on account of the want of strict commercial value in such mes~ sages. Delay in the announcement of a death, an arrival, the stray- ing or recovery of a child, and the like, may often be productive of an injury to the feelings which cannot be easily estimated 1n money, but for which a jury should be at liberty to award fair dames," The doctrine first appears, but only inferentially, in 1877, in Logan vs. W. U. Tel. Co., 84 111. 468, It was for the first time, as far aswe are aware, distinctly enunciated in 1881 in So. Relle vs. W. U. Tel. Co.,55 Texas, 308, This celebrated case was subse- quently distinguished, doubted, modified and finally practically re- affirmed by the Supreme Court of Texas. The following suggestion from that opinion strongly commends itself to our approval, It says; "That great caution ought to be observed in the trial of cases like this, as 1t will be so easy and natural to confound the corroding grief occasioned by the loss of the parent or other relative with the disappointment and regret occasioned by the default or neglect of the company, for it is only the latter for which a recovery may be had, and the attention of juries might well be called to that fact*, This 1s a very lmportant distinction, as mental anguish is naturally ae » so intangible, and when pr@ceding fran two concurrin: causes, so dif- / ficult of apportionment that jurors should be careful not to give the / plaintiff inore than such a just and reasonable compensation as pro» ceeds from the negligence of the defemdant. This very difficulty, emphasized by the excessive damages occasionally given, is the stron- gest reason urzea against the adoption of the rule in those juris- dictions where it does not prevail.’ On the other hand to say that in such cases the plaintiff can recover only the pittance paid for send- ing the telegram, seans so utterly subversive of every principle of justice and of public policy as to commend itself neither to the Jude ment nor the conscience of the court. A quasi public corporation, exercising extraordinary powers and receiving enormous profits solely in consideration of the performance of its public duties, can not be permitted to neglect or evade those duties with practical impunity, To allow it to cancel all liability for a negligence that may have wrung the heart-strings of the citizen for whose service 1t was cre- ated, by simply refunding the 25 cents which it had received but név- er earned, would destroy all sense of responsibility. All privileges have their corresponding duties, and ail powers g their equivalent responsibilities. AS was said in Reese vs. W. U. Tel. Co., 123 Ind. 294, the failure to promptly deliver a telegram "1s not a mere breach of contract, but a failure to perform a duty which rests upon it as the servant of the people." This liability on the part of public servants to respond in civil damages to the injured party 18 the surest guarantee for the proper performance of their duties to the public, as criminal and penal statutes are difficult of enforcement. yA suitor for a mere penalty does not receive much sympathy, whieh few care to undertake the crim- inal vrosecution of a powerful corporation for mere witness fees which are necessarily much less than their actual expenses. But an action for compensatory damages 1S looked upon as an effort on the part of the plaintiff to obtain simply what belongs to him as the just equi- valent of the injury he has sustained at the hands of the defendant. He has thus the chance to recover 4 substantial compensation without the risk or odium of a penal suit. The public servant, knowing this, is more careful to avoid such liability, which it can always do by the proper performance of its public duties. A eeete recent and interesting case, especially valuable for its long list of citations, is Mentzer vs. Tel. Co., 93 Lowa, T5206 The question of damages 15 peculiarly within the province of the jury and should be settled by them, under proper instructions from the court, in accordance with the dictates of conscience and of common sense, giving to the plaintiff the just measure of compensation for the unlawful injury he has sustained, but remembering always that generosity is Na I ays asin 0 oO not a virtue when dealing with the property of others, Coming to the second issue of the case at bar, as to the axount of damages , we think that the defendant’s ninth prayer for instructions or its equivalent, should have been given, and that the failure of the court to do so is such material and substantial error as entitles the jefendant to a new trial. Thet prayer is as follows: "That upon all the evidence in the case, the plaintiff, if entitled to recover any~- thing, can recover no inore than the amount paid by her for sending the telegram, and 1n no aspect of the case can the jury answer the second issue more than 26 cents," This prayer 1s not asdefinite as it might be, but it is sufficient to cover the point that there was no evidence of mental anguish on the part of the plaintiff arising from the failure of her brother-in-law to arrive on the night of the 17th. Mental anguish must be something more than mere disappointment, and like every other material allegation, relied upon by the plain- tiff, must be alleged and proved. It 1s true that there are certain facts which, when proved, presume mental anguish, The tender ties of love and sympathy existing between husband and wife or parent and child are the common knowledge of the human race, as they are the holiest instincts of the human heart. It 1s useless to tell the ju- rors of the anguish of a true wife, waiting for hours to t@ke the train to the bed-side of a dying husband, knowing well that the sands of life are falling fast, but uncertain of the vital measure, and finally reaching her journey’s end only to bestow her last greeting upon lifeless clay, But beyond the marriage state, this presumption extends only to near relatives of kindred blood, as acute affection does not necessarily result from distant kinship or mere affinity. A brother’s love is sufficiently umversal to raise the presumption, 2 but not so with a brother-in-law, who is often an indifferent strane ger, ana sometimes an unwelcome intruder into the family circle. It is true that with him such affection may exist, and in the present case doubtless does exist, but it mstbe shown, Moreover, there is a difference between those cases where the plaintiff is herself kept away from the bed-side of a dying relative, and where she is merely deprived of the company of another relative whose sympathetic love might tend to comfort and console her in her’ hour of sorrow, This difference may be considered by the jury i Piette the damages. We do not mean to say that damages for mental anguish may not be recov- ered from the absence of a mere friend, if it actually results; but it is not presumed. The need of a friend imay cause’ real anguish to a helpless widow left alone among strangers with 4n infant child and the dead body of her husband, In the present case the plaintiff seems to have received the full measure of christian charity fran ; ei generous comminity, but it may be that she did not expect it, and looked alone to her brother-in-law whose absence she so keenly felt. If so, she may prove it. We think that the allezations in the com- plaint are sufficient. An interesting case upon this point is Tel. Co. vs. Coffin, (30 S. W. Rep. 896) Texas, , which is copied with a very full note in 5 Am. Elec. Cases, 781. For failure of proper instruction, a new trial 1s ordered upon 7 ff Vad Mune. the entire case. New trial. Gs ‘u o t y s e a AZ 2 A W V _262—2-16-98-600, NortTH rpm cover. | none -eceet Af ron ae No BOY - tale ..... County, ee - | JUDGMENT. S. Po. ev Me ref. a E ie one 6 on to be argued upon the transcript of the record from the Superior Court of 7 oh County :—upon consideration whereof, this Court is of opinion that there is. ~~ error in the record and proceedings of the said Superior Court. It is therefore ae adjudged by the Court here-that the opinion of the Court, as deliv- ered by the Honorable e. Me. pace, te ia be certified to the said Superior Court, to the intent that the ZZ And it is considered and adjudged further, that the Aiud at A “Oey i 4 - the costs of the appeal in this or incurred, - ‘ges "nn a ; ” ; ‘ to-wit, the sum of Ox Ci Put hh tha, dollars ($44. “= -) 4 and let execution issue therefor. A TRUE Copy: N. C. Supreme Court: Feb. term, 1899. # 304, Iredell Co, Anna Cashion, appellant vs. Western Union Telegraph Co, L. C. Caldwell and J. F. Gamble for appellant; Jones & Tillett for appellee. Douglas , J. This case was here before, and is reported in 123 N. © 269. It is now before us on an exception to the charve of the court below, which 1s stated in the record as follows: "The following is the charve of the court pertinent to the deterwination of the cone tention of the parties:- *The plaintiff contends that by reason of the delay in the delivery of this telegram, her brother-in-law was prevented from being present with her, and that by reason of the ab-« sence of her brother-in-law upon this occasion she suffered mental anzuish; that she suffered more than she would have suffered under the circumstances, on account of the death of her husband. Now to caetermine this question the court charges you Q n ‘u o t y s e ) A2 a a y that there is no presumption of law that plaintiff suffered mental anguish on account of the absense of J. W. Mock : that the fact that she stood in relation to him as a sister-in- law, and the further fact of his being prevented from being with her would not have raised the presumption that she suffered mental anguish on account of his not being there, but the burden is on the plaintiff to show by the prepon- derance of the evidence that there was existing between plaintiff and J. W. Mock such tender ties of love and affec- tion as that his presence, advice and sympathy with her in Morganton and on the journey to Statesville would have given her comfort and consolation in her distress and would have prevented her from suffering to the extent she says that she actually suffered. But if you should find that such a relation existed between plaintiff and J. W. Mock, yet as the plaintiff admits that she did not sign the telegram, and that her name is not mentioned in the telegram, and that Payne signed and sent the same as the agent of the plain- tiff, before she can recover damages for mental anguish occasioned by the failure of J. W. Mock to be present with her upon this occasion, the burden is upon the plaintiff to show by a preponderance of the evidence that at the time the message was delivered to the the defendant company, the said company was notified of the fact that the telegram was sent for the benefit of the plaintiff, and also of the re- lations existing beween her and J. W. Mock. And the Court charges you that there is no evidence that the defend- ant telegraph company had any notice that the telegram was sent for the benefit of the plaintiff or that it had any notice of the relationship existing between the plaintiff and the said J. W. Mock, and your answer to the second issue cannot be more than twenty-five cents—the cost of the telegram. The plaintiff does not contend that there was any physical injury to herself r sulting from the al- nape ms em Le a tee al, a PONS NORD igence, but the allegation in the complaint is for mental anguish suffered by her, and as the plaintiff has failed to show that the defendant « unpany had notice that the telegram was sent for her benefit. ot had notice of the relationship existing between her and J. W. Mock, she can- not recover in this action exce pt the twenty-five cents paid for the telegram. If you should answer the first issue “ves.” that the defen- dant company was guilty of negligence, your answer as to the second issue can, under no circumstances, be more than “+. five cents. There was 4 Verdict, and the following is the jud ne ; ' : gment ot the Court : — his cause coming on to be heard at this term of the Court before Shaw, Judge, and a jury, and being heard upon the whole record and the fo llowing issues submitted : Ist. Was the defendant guilty he of negligence as alleged in the complaint? to which the jury answered “ve ond “Uh. ; : ; . . i . and, What damage has plaintiff sustained by negligence of the defendant?” s;” and reason of the to which issue the Court ordered the jury to respond, ®6 cents, the amount paid for the trans- mission of the message, It is therefore adjudyed that the plaintiff recover of the defendant the sum of 25 cents and the costs of the ac- tion®*, The plaintiff appealed, This directly presentsthe question whether the plaintiff can re- cover damazves for mental anguish, caused by the negligence of the de- fendant in failing to promptly deliver a teleyram sent through an a,ent, when the name of the plaintiff was not signed to the telegram, and when the fact that it was sent for her was not disclosed to the defendant at the time the wessage was sent, nor were her relations with the addressee then communicated tc the company. We intended to decide this question at the first hearing and thourht we had done so, at least by direct inference, but = it seoms not explicitly enough to be understood. To prevent any further m1s- construction we say plainly she can recover, if otherwise entitled . In other words, the #7 failure to give such information was no bar to the action or to the recovery of substantial damage. In Lyne vs. Tel. Co., 123 N. C. 129 it was held that where a telegram relates to sickness or death, it is not necessary to disc lose to the company the relation of the parties, as there 1s a common sense suggestion that it is important, The saw: rule applies here. fhe telogram in ques- tion stated that Mr. Cashion had been killed while at work, ana on its face suggested that it was of unusual importance to some oody. The defendant knew that somewhere there was a vacant chair, that sae one the lonely death watch was keeping. Who or where, 1+ mattered not to the defendant, as it haa no more rignt to wrong one person than another. The able counsel for the defendant relies upon Hadley vs, baxene dale, 9 Exc. 341, quoting as follows: *Where two parties have made a contract which one of then has broken, the damages which theother ‘u o t y s e o A1 L 3 A Y party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered, either arising naturally 1, @, according to the usual course of thangs from such preach of contract itseif, o1 such as may be reasonably supposed to in the conteay lation of both parties, at the tine they made contract, as the probable result of the breach of it. Now, if the s,eclal clrcumstancos unaer which the contract was actually made were communicated by the piarntiff to the dee ndant ana thus known to both parties, the damaves resulting from the breach of such a cone tract , which they woula reasonably contenaplate, woula ve the awount of injury which woula ordinarily follow a breach of contract under these special circumstances as known ana communicated. but, on the other hand, 1f these s}ecial circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great imltitude of cases not affected by any special circuinstances mee sean a breach of contract’, This rule 1s alinost unlversally followed as to all ordinary ousinags transactions, out can it have any possiole application to the case at bar? We think not. What probable dasages could Mrs, Cashion jose slbly have had 1n contenplation when, 1 the first nour of her bee reavement, she sent a tele;ram announcing tae sudden and violent death of her husband? Surely she coulda not be expected to dictate such a telegrain with the cool delibsration with which a man woula coi tract for the shipment of a miileshaft; nor can her mental anguish be measured by the ruie laia down in deteruining the lost profits o! Hadley*’s mill, We imust admit that damages for mental anguish are somewhat anomalous, and the extreme difficulty of their admeasurenent by any ordinary rule of law has led many Jurisdictions to reject the doctrine, We have found it established in this State and feel com. of private right, and must give it such a reasonable construction as will enforce its le zitimate results, One other principle must be kept in view: A telegraph Company 15 in the nature of a comnon carrier. Claiming and exercising the right of condemnation, which can be done only for a public purpose, 1t is thereby afiected with a public use. It owes certain auties to the public which are not depement upon a personal contract, but which are imposed by operation of law, A simple contract is an agreement between two parties, a drawim together of two minds to a common ine tent, and must be voluntary as well as mutual, Whenever a man, at a pro,er tine and place, presents a telegram to the company for trane iiittal, and at the sare time tenders the proper fee, the company is oouna te recelve, transimt ana aeliver 1% with reasonable care and diligence, It cannot refuse to receive it, and while it inay protect itself by reasonable regulations, it cannot insist upon a personal contract contrary to 1ts usual custom or to public policy. As was Salad in Reese vs, Telezraph Co,, 123 Ind. 294, the failure of tne televraph company to promptly deliver a teleyram "is not a mere bread of contract, but a failure to perfonn a duty which rests upon it as @ the servant of the people.* While reaffirming the doctrine, we aust asain earnestly caution juries against its abuse. The defendant is m no way reaponssb te for the anvuish suffered by the plaintiff for the loss of her husband, All that can possibly be charged to it is the injury resulting fran a neyligent failure to deliver the telegram ,and the jury in considering this matter should carefully guard ayainst the sympathy they would naturally feel for the widow and orphan chiX However creditable to them as men, it must be ignored by them as ju- rors. If the defendant has &ep been negligent, 1% 15 thear duty to give to the plaintiff a fair recompense for the anguish she has suf- fered from such negligence, but from that alone; and in determining ‘the amount, they should render to each party exact and equal justice without the shadow of generosity, which is not a virtue when dealing with the proverty of others. The counsel for defendant argued before us other questions not presented by the record, which we cannot properly consider. for er- ror in the charge of the court a new trial must be orderea. New trial, Ca s h i o n , Av e r y ‘u o t y s e ) A1 I 3 a W y ee ae 2 oe amd Bey od -OFrti rearolina Superior Court Ir An Wes @uel. County webry Term 1459 & qashion, plaintiff. Vg tern Union mel Company This was «a Civili aetion triea before Shaw Toase anu a ry At the ,ebruary Teun 169. of Tre@eli Superior Court, for tne neg dagent faicure of the @:fendant lo GQeliver a te.egrapn 1@SLaee At tne bevsinnin: of the trial the rOilowlnys 1ssiues were pre-e parea by His Honor to be submittea to tne Jury lst-- Was the defendant Galiy of neglisence as a ieé.,eu Ccumplaint end=-- What a mages, if any, has tie paaantaffr Sustained by of the neglivenee of the defenae te ry &s aaunlitiea ob Lne Getendant that the Mes 8%oe in yuestion sent from its oftice in Mor anton about five ©, Glock P.... on the 17th of August 1697 f/ana was receivea at its oifice at Deviason at Live ore oek P.N. of the same day fie @vauence oj He pladntifi uncontraaicted was that t Mm@SS&aoe Wis not dew ue + divered untii a@bont seven o'e.uck A.!)i. 01 August lotu luy7. {ne Complaint in Baia cuusi 18 aS jviiows; [ne plaintifi complains ana al eves; i&t-- That tne dufendant ig a Corporation ducy @uartere: organ izea a4nG aolny the business of tel@vrapny in the towns oft Nore ganton, N.C. ana Davidson »NeC . in whieh two piaces 1t nas an Ofiice assent ana emplogee, wnicn places are Connectea throusn Oine: ottices of the aefendant corporation by the tele,raph Wires created, Owneu ana overated b) nme Gelvenuant company. «nue- inat the business of suid tele Papin Caunpeny is ior a pe cuniary Consideration to transmit messages for the pio 16 over its wires trom one bieg@e@ to another ana tu deliver i@ Sume to Ne party agaressed anu for the NS@ anu bunefit of the parties interested at tne eur!iest PO85l0ie moment. era---That at the time to be nereinafter wee mentionea the plaintiff was in the town o: Morganton, N.C reslaing sitn ner nosbana, who Was ensa.ea in : manufaeturing estab.ishment. That 18 # resident of the County of Ireaell. 4ih--'That on the 17th of August 1697 her saia husbanu was kili ea wnile ut work in Morganto, N.C. @aving plaintiff! ana ner infant child alone. That she haa no one tne; e@ tO whom BSne Gcoue Oo ana rely for aini‘onmation &sSistunee ana cunfort in he hour of aistress ana G@siring tne presence oi kindreu upon whose sym petnhy una iove she eqala rely,to whose eare ana atte tion she Goula @ommit the body of her saiu nusbind, and to iiom she Coui@ iouk for the necessary Prepersticn for tie inte ment of the buay of her saia jiush ona na wnose Cuonsoletions wouia live reielvea ner mina of angish, causea tne Loliowin,. Lvleprapn meu Mess.ge to be sent to J. .wock, her brothne, an lay at Daviason Wages st Dole Gea 2) bats? Morganton N.C. August 17 1597 J.Wei'ock, Daviason; Come at once Mr eashion is aesed,kiliea at work. Jonn Payne. That tne Mr Gashion named in tie sala riess.gec was the msbena of tne pleaintaf; ana the party kille@a on tne 7th, of August 1597. That John payne the sencer of tie Messape was tne a ent of tie piaintiff for the pirpose of sendin, Li@ NeSd 76-6 ne--That in consiueration of ine Benadin,, the messa e Over the wires of gaia @unpany or Corporation Balu COMpany Or Core poration Was para ont of the funus of this plaintif tre @har tier: fr, That said mes@j;@ Was reCclvea at tie uifiace of ine aee fenduant at npavidason ,N.C. at five o*elock on the evening o1 the saiag ivth day of August 1057, but was permitiea tnroucn the erOSs Negiisence Of ine defenagnt to remain in Sais ofiilce unde 4 lLivereda until tne mernining Ot th doth dag of August Loy’ , tov late to aliow tie sai. J.W.ock or otner frienas or reiatives Lo comply witn tne request of 1e pla intift. Tih--- That because of tne carelessness anu gross ne ligence vt tie Getendant company orcorporeticn 1n not ageilvering 5@lG .@ aS WS 1tsS Wity to ao, the 8H14 JW. OCKk Was prevented from attendin:s; tne piarintiff as requestea ana ad fic WW la nuve aone anu the plaintafi was tne ebv agevrivea of 1.18 Gu suintions ana brotherly sympathy. That because of the ne vilgent Yeailure of tie GQfendant to deliver tne salad M@sse#ec, «5S ## wa. its auty to do, thereby causing tne Tai.are of ‘he saia MOCK to reac’, he’, Plaintiff in anguish of mina was Cunpeliea to jour ney with her 8H1a aeaa husbana to Statesville, where SNe Was Ma « conpeliea to remain ali day, c sthe-- That by reason of the [ross negipenee anu Caréiessness of the a fendmt, pi intif. wa. mace to suf er cr@ct amyulsi oO. mina , to her aamacge Fignteen narea NDol.ars. 9tn--- That plaintiaft made written ademena upon Line aQef enda nt within saxty Gays next after senuing the mess ne Tor a adjust ment of her claim !or Gamnages. Wieretore plaint: ft demanas juagment,; ror the sium ol vy Eight en hunarea uo laré for tie ; Fert L4ure Cl w Qe fe dant to Geliver Sala mess,,e ey «tame ina or cost of action to be taxeu by tlie clerk na tor esuci other and furtner releif a. may be just and ri ht. L.C .Calaveli ana VERI} .ED. J.F.cambie Attys Answer of D“efe:Gent. fhe Gefenaant ansvering ine complaint riieu in the above en~ Litiea action says; lst-- That it aamits the al.egati ns containea in the first section of the Gouplaint. 2nd-- Tiat it denies the ailevations scuntalnea in the secona sestion of the complaint as tier in statva, Srd-- That it has no knowleage nor initormatiun Buflicient to form a beleif as to the tmtn of the allegations Containea in the thira section of the complaint. 4ti-- That answering tne toirta seCtlun of ie CO paaint tne de nagant eamits that a mess ge , a copy of which 18 & t Jorn in saia seetion, was 11 ed at the oiilce of Line GQetundant 1M Q n ~ AZ O A W A) (<) the town of “orcanton on the 17th ov: August 1697, to be trans-~ mittea to the town of Davidson; anda further aanits that the Mr pasion nanea in the S&1Q messaye wa. tn@ husband of the plain- tiftt amu tne party reterrea to in lle sald hessa@ie; but this Qefendant is informeu NG Del lves that all the Oulig: aliega nS OL the 8 1a Section are ot true ana so denies tue Same dntorma@tion ana beleif ~~ The$s ue fendanty that (N@ Charges ior S@ndging tne sala mes- sage We @ pala at the tine (he nessalje wa. filea lor transinise Slon but th Q@: fendant has no KnOwleaze nor intonation gut'- L2clcnt to tiorm a Oeleif as to tne trutn of the @llesation of the sai@ seetion; that tney were paid out of funus of the Plain f£: Oth-- That answering the sixin 8ecticn of the Complaint this aee fo naant SAYS, that tt admits that (N@ 8 1d message was re@@ivea the oftiee of thed tenGant comp: ny at navidson ,N.C. at fe tive oSelock on the vent: Of August 17th 1397 ang 1t w@nies ai the othe: allegations conta ineu In ‘he S$41Q sixth seceta: Of the cuonplaint Ne--- That it denies €ll tre allecations coOntaineu in Section Oo: the Ca ivlaont Otnhe- That it denies all the allegations Guntainea in Section of ‘the canplaaint Gine-- Thais GQefendant aeniee al) tne al. e@gataons conta inea in e@ NINE Beeticn o7 the COMmplalnt.ana further answerln:: tne come Plauint this aefe Qant Suys,; /} lsts-- shat the M@66S8ce in gues Y20n Was reeeiveu 2y iat for transmission Upon the express spite ten Stipnls tion that the company sho:la not be liable for a& ny Qeiay in the transmission Or Gelive of the sania messa.@ une Less @ixim in Writing shonla be Presented by the partye aiming ‘0 Se injured;swai:hin Sixty Guys after the N@S sae Was Pilea wip tile company toy transmis siony ana this defendant avers tnat ho 8 @:. @lain in Welling was preSuntea to this CQnpany by the Ppiun afi Witnin sixty days fter thie Messare wis flea tur trans- Mis:ione/O Wher fore the defercant UGManas tiat if go Without Qay and resove: the cost of this a¢tl 1 to be taxeu by the (Clk Sones » 404008 altys,for neft, VERIFIED, (4) Pine following 18 ‘he @viuence material to tiie case: Mrg. Gusuion testilieu as LPoilows: Pon the 47th Gay uf August, 169%, T was davin, an Mor.,enton, ! higbanu anu infant chala. About S or 4 u*clock ?. het ay MY 1118 i was kiileu at work. I keu Mr. Payne tv Lend A MCS SA: *me to my brotne reinelaw, J. We. Mock, at Daviuson, NN. Mock livea wit Ig-at Morzanton; was on a visit to nis father at Daviuson. Tie messaj;e was sent my efat. J leit Morganton on tiie mornin thielotn of About 5 0° sLock, same © Statesviile with tne beay of and, ware@h remainea@ in the acevot at St.tesvilie ail Gay. celveu no veply to tie Messaye, Or any comnminication rom Mock. I expecteu nim » the 12 PP. Mew t ; \ PST, ($s Was GiBsppointea by hls not Comins, Was pre tLroublea, COMau elo Me wievre NO one else CGuilGe His to cone tu MOrvant on OCGRS1ONne@u jie A@uut tunel Suilierva_n ' lo that @lreauy cansea by the uv@eath on! i Bvand,. reLt if biat 20% : forsaken. hie Was near LO me 1 TM L Ve Wit:i us J a 4 XKAXKRAAGHHRGREXBNMEKHAKKGA were © 0UU OE MARK ERAS Ef —~#50n cross examination witness testifi sas ft sent the « to Moek becaus 1¢@ divea witnius; © knew ie worldu cone i na I knew ne soulu nelo me more ian 8tra ye be: 28, We ' ry ana tie Knew wWwieee to GO wher e came. His consolatilin s ¥ 1 GQniort,becaise of nis bein;, a .art of our femily,woiu be ae it atural han _t , OF my \roi 1ers Liviyr ta ulslanc@e . “49 “ aw — failuri: to et tO MOrsATTON wzudeu fo mv sorrow : & i» He was just like a member ot tie family; ‘124 kn all about tne place. I ai ot kno it was tne matter. IF aiu not feel e Na relisega TO Ccunee Te a» Mock test Ay am a bro er-inel.w i se SLdony; Liveu wOrekANtON, Same 425 Wiere Si Livea. On Awol Dé. lason, roeel Vea no 49 BALog ON tuat GUVs y SuiON on @id lot 1 at Sta lesviile Siie Sugrieu to be iN weal of traible ana askeu ie wi I ultu no MOrcaMm wante@u to know the rexuson J veSSise, or written to ner, BSecmeu tO be in @ rei Gail «i pain BCalse Sie au not earu trom me@ an) i\ ) estifiea for tne defenaant: ‘shion's reqnestY I went tu the teievrapn offiee an L‘/ tu, 97 anu SuUNC @ MeBSH..e, A@ CUpy w i ls above sel ! Urge Cashion pvaia for tire i@o8a @. i 2 the operator tian aha tne messa_e@, or .@ red allonsilp Mrs. .8:20n ana ir. Muck, tuat I ri iber vu I asmea Operator to pend it off at once. The ISBL iors AYgt Wier to s U Mrs. Cashion, or Mr. Mock. ry ’ ia } Fie gidecl uv, ‘u o t y s e d A1 2 A W (5) The plaintiff tenuereu ana «skea the followin;; special instrnetions; anons others asked No. 5 in plaintirt's special instructions: "It ig ti:e settlea law of our State tiat uami,.es nay ve recoverce. for mentad anjuasn, Arres;ective oi: any physical injury causeau by the negligence of tiie aefenaant in ‘aldany to exerclices reasonable care ana ailigence in delivery of tie Cle yram. Tie principle i8 founaea upon souna public polloy, &€s well as nat:iiral justice, ana if the jury snoulu fina tia 2118 asLure of i@ uelenuant to aeliver the messa,e caused tiie plaintiff to aiffer mental angiisn then she wourla be entitica o recover, and it woula be tne duty 6f the jury to give her ha levee: Sum ,in Lieir juagment, Was @ just anu reasonable con- ensation for tne sutferin: causea by the uetenuant’s nepiipence, failurt to perform the adity requireu by law. Caution shuula be observea so thai greif at the loss of her hisband be not con ginuea with tne s ffering occasioneu by tne negligence vo uiendant in not delivering the message in qiesiion as it is tie dattur, alone, for wiich tie dew atlows dunages". The followins special insiructions, with tiicir respectivi numbers, wore askea by aulemant's counsel: 4th.- *That tneve is no eviucnee thai at ine time tie message was flleu sor transmission tie Gefenuan. company was info:'iwu t Payne, whose nam: was Bi neu to it, was ene X. ent of tue plaintiff, or tnat the plaintiff was tiie wauow of Mr. Avery Cusmion, who haa boen killea, or tuat Mock,tu whom 10 Was sent, (Say relation of tne plaintiff, ana trerefore tie plaaniirt ca »t recover danases for mental anguish arisin; fr m tie fualure of toe usienaant to aviiver said messa.e pranptly, ve for the failure of Mode to reacn Mor, anton tat nilvhtys ana Mmless tivre 1s . roof of viher uuamiyes ,tie plaintiff cun recover no more tian tiie cost oOo! BenUulns tie tele:ram, ana wey snoula .asver te secon. isste, 25 centa.® Btnue- Tihat upon all the evinence in tiie case, ne pla antiit, @rnvtatied to recover any thi yy Can recuverc mOQ Mure than tue WW yaaa by her for the tele ram, unu in no aspect us e case c he jury ans the seconu 186818 more tuan <5 cents.* 9the- “8Tiat tiere was nuiiuin, on tie face of tie messa.e to Giscluse to the Asent of the agefenuant that the plaintiff cada anterest An tile MeBBar;e IN GUsBBLION, anu ti'ere Hen no nev tenainsgs tO prove that tne plaintiir’s interes in vig .o Was Canaminicated tu the defenuant, tiie plaintiff is ot entitlee to recuver anytiin-, beyona nominal dama,es an tls action.” l0th.= *That 1% beiny samtted thet tie pleintift sustained onl bie relation Oo: sislereinelaw to J. We. Mu&, iiien an order rr i.er to recover aanares for mental an;aish in tnis action, it wist appear tiuat the fact of tie unusiwal desree of affection @xisiin,, between plaintiff ana »..ock Was comuunicateu to tie Pi, ayy, ana tiere 18 nO @viluenGe thai any 5&8 ci: Tact was -% ¢ canmnicatea to the @mpany, tne jury are instructea tia C110} ig ' 7 + ‘ . son 4 -" : * 4 4 Carnut ~ive t pl.aintaiff a Lain, mere tian Nuwlnad acne OB 6 ‘u o T t T y s e o AI S A W ty aie ae Ee ee ae ellth, “that the naturel inf(jgence as to the méessa.e in question Was, 1t was not the benefit to enable him to ocme ¢o Morganton md there being no evidence tt tne Guim dant was informeu tnat it was for the benefit of he plaintitf£, the jury are instiructea that the plaintifr cannot recove any thong more than nominal damages *® ith, *‘that if every + ing Wa. @ne for the cunfort ot the Plaintafi tnat J.W.Mock could iave gone hea he been present then ine plauintaif eannot Pesover any daiuages on accoint of his failure to be with her® 1s th," that upon all the uvidence in the Case the plaintiff ean. not recover any thing more tan nomina. dani ges® the following is the charge o1 tne Cour: pertinent to tne dete Mitialion Of the Caum@iqe Mnterition of the Pariles; "The plaintii: Contenas that by reason of the delay in the aQviiv Cry OF this telegram, he brother in-law wa. preventea from Oveing present witn her ana tnat by reason of tile abs nee of ner Orotner-in law upon this OCcasion she sufferea ental anguish; that sne sufierea ore than 8ne would have suffered under the qh oarcumsiances on account of the duath o Ler husvana, seamen” rt Now to dotermine this question tne Court Charges you tnat there is nu presumption of fav that pleintiafi @ f fered mental anguish On account of the abs nee of J.\eMOOk; that the fact that sne Stood in relation to him as & sister-in-law, ana tne fur‘iner fact Of nis being preventea from veing with ne wmla not .ove reised the presumption that she suffe ‘a mental a guish on accou nt of 4 ‘248 NOt being there, but the ourden 18 on thepisintiff io show b ne Prepon derance of the evidence that theve wags CXistins bee tween yplaintilf ana J.W.iioek such ten@er ties of ilove anu afiec- tion “as that his Pre ence auwiece and SyMpatny wain ner in More anton and on the Journey to Statesvi! ie WOiUlG have »iven ner Cunfort and ® nsolaetion in her «1lStress anu woila have preventea ner rrom sufiering to the extent she Says that she actualiy guf e fer.u. But if you shoulda fina that suen a PELALLON existed bem tween plintifi anu J.\.sMock, yet as the Plaintiff aanits tuat 6h€ Glu not Blgn the telegram and that her name 18 not mentionea in the telegram ana tnat Payne signed anu sent the same as tne agent or ‘ne plantiff, befor sie ¢ nm recover dune es tor men tal angi:sn occasioned by the failure of J.W.Moak tO be present Wltn m @r upon this oe asion, the burden is upo tne plaintiff (0 show by @ preponderance of the Cviderce that at the time tnggeé mes .@age wis deliverea to the ae fendant’ © WEMY, Lie SHidG COupnay vas notifieu of the fact that the tele;ram was gent for tue ben. efit of the plaintairer am aiso of the reiations existin: beq tween her ana J.W.Mock ana the Court ciacgee you that 'nere 1s no eviaeres that the Gefenagant tele; raph company haa any nutice (nat tie telegram was sent for tie o@iefit of the pla ntifrf or tnat lt hac any notice of ine rei ationship Cxlstling between the pPlaintitf and the gaid J.\W.s00k,and yorr answer tO ine second issue cannot be more than twenty-five centmeathe’o St Oi Lue tele eran. tue plaintiff aoes not contend that there was any Physiccl injury to verself Pesuitins fran the lereu negliscnee, but tne aliexation en the @implaint is for menta) nguish sufierea by NéEr ana as the Plaintiff has faired to Ow TnAt ine defe aunt ae a age (7) company haa notice that the telesram was sent for bt. be efit or hau vutice of the relationship existing between ‘ana J.W. Mock, she 6annot recover in this action except the enty tTive cents psia for the teiegram. Pit you snould answer the first issue “yes, that the ‘ae fe: dent colpuny was gulity of neg.ig@e ce,your answer as to the second dsoue can ,uder no circumstances, be more than twenty-five cents* To which charge in apt time plainttfi exec ptea to tiiat part of the ch rge beginning with the weras "but tae buruen is on the plaintaff*® ana enuins with Lig words ’ actuaiigsuriereu! also that part begin nin,, with words *$uch relations existed," ana ending with woras? “cost of tie te ezsram*® aiso to wit part boginning witn words “and as plaintift has PFaiieu to shuw,, ana enain.,; With the words “paid for the telegram’ alsu to tiiat part bevinnang with woras”® If you snoulu answer” anu cnuing wit words “twontyefive cents" # tuere Wis @ verdict ,and the following is the juagmernt of the Courts he This Cause Wming on tu be hneara at this ter. of tne Court before Shaw, Juuge, anu a Yury, ana being :.@€a@raq Upon thie Wiole rmcora anu tne following 18sues subinitted; Ip a Gefendant gualty of neslizence as aldieged in the oom pleint? to whieh the ju#y answerea”yes!’and 2nu"What damage has Pleintity: sustainea by reason of ine nevligence $1) An BF BE CRS Expee of the d efendant?”to whien isse the Gourt ordered tue jury to respond, “twenty-f ive cents,’ the amount pila icr iie trans Mission of tie messa Je Pit is tnerelore Gons1aerea enu Aaajuu,ea p Yytne Court that the plaantiff reouver of the Gfendunt tie sum ot twentvefrlve cent & ana the cost of the aetion, : Thus J. Shaw, Jua,e pros /? Tne plaaintif: movea fur 4 new Pial beo me ee ovritlemass ue by the Court in his CGnarge to the jury , gaia errors in th Charge besinnang with he words® bul tie buraen® anu enaing witn , Lie woras “actually sulfered? also furtier Sssigneu as error inat portion be anning wath “tne words "Such reications" ana ending Mita tine woras " cost of tne te.egram) Mlso for evror in charge begin’ ing with words * pliaintiff has faileu to show" an. enuing with woras 2 paia fur tiie t ie ram? Wise tor error in cherse beginning with wordaa® I on snocla? answer" ana enaing with woras “twenty-five cents® Plaintifi as.igns tne rollowing Speciai errors CoO.mMtecu by the Court; Piste, inat tne Court faileu anu refusea to ive plaintift’s instruction No 5,.ceginning witn tie woras "It is tne settleu2 ana ending «ith the wore~s * For wiicn tne law ® 1 ilows Ge aves, enug4 That tne Court erred in giving the aefendants special instructions munberea respectively i Gene 3a 10-— si l2--" amio., Motion for new trial-«®&Motion over-ruleus2§ xo option by pleintaiff, Juagment above set forth-@® Ap,eul to Supreme Court, Notice of Ap eal waived in open Court <4 Appeal Bona oi $25.00 aadjuagea by tie Vourt to be surficicnt. The roregcing Case on appeal to tne Supreme Court 1s ie yeby tenuered as the cuse on appeal. ‘ gy ’ *‘ u o t u s e ) Al a a y pies he Baga ie Jury? This action the Western Union Telegr the alleged negli received. e delivery of the -once in secu 4 i : : e . ce ; i : i a« vo deliv: 15 iC q L£.Q% ie ‘ vNOG!I tney $14 +a villa the operator, 3: vO reacn Oren) we GS i eee hat < ahs anion that HLlGhnt, » by reason o* his message, Ve pec ot entitled to recover irst issue b would be guch ant 7 - So ental anguish, (Vor anguish naturally arising from the Gentlemen of the The’ plaintiff ne uefLenuant nav ror me % reaa over tne eVviGce e it to your own j»agment, anu tne court shoula reau xk over its notes it woula be ily refresh ana to alu mind in collecting what was act bro Company to recover aQamayes Tor inental anyilsh her as sne alleuges, by the « : riect promptly aellve ie tele. gram t J. W. introaqicea in tne eviuence, t 18 aumitteu foilowing messajje, to Wit. MOoranton, Ne aT 1897. J. We. Mock, Daviason, N. ©. Connie at once Killea at work. -Signeu, Jonun Payne." 4n tne t3 », 8A1Q b§ G Was Sent rom « DaVIUs ee ( tle 1 Was recelved at ne teie Daviason on thie » of Aigust 1897 at 5 o'clock afternuun, ana that it was not ueliverea to th Mock until the following morning. The negli; 1endant is, it's uelay in ock in tne atternoun oT tii lowing; morning, anu tie plaaintill alieap,es Lis neglect, she in her uistress over the sbana, as Lv¢ Irom naving with ner, iton anu >} i 5 Statesville h meby aeprivea 1c. Mock, am Isa O1 mina 1 1 anount of uenies, st- hat it was tne pl iff was injure: thereby fina that it was guilty. These a intiff anu denials of tne aefenuant canp wnich are to be |} by vou be: ore anv i Ky Waerea vy USSeu 2140 auetonaa ages sustainea ie. Was tne rit ly guilty in tne complaint? he court Ssue that when th sPenuant Cun; ) at Morganton the : » for trans- Mock at Daviuson, it oweu thie naer of same was to use reasonable rene nh tran it i *‘ u O T Y U S e D A1 I d a w ee t ‘u o t y u s e a > < @ 5 < avpears On its face imbortant that the same was to be deliverea promptly ¢ ONG 2F the: Jury ina Trom the eviucnce in 1 $ Se that the message in question was receiveu at Da. S at 5 o'clock on ti evening of August 17th 1497 ana wv ) r ‘os was not uellverea until 7 o'clock on the morning of August , 16th 16097, the uet'endan' woulda be guilty of negligence, anu tne jury should answer tne virst issue Yes, unless snoula furtner Lind that the uetendant ise Gilisenee to deliver thre Which event their shoula | Ana consiu aru Wii the jury reasonable answer ther oy fe ulligence in unuertaking this message, you will take into Cons 1l4eration € Circiinstances surrounuin;, it, anu tie ef'tiorts of fhe pleaintirf alleua. Gelivering tnis fhe aet ntenus that 1t was not nezli; ised orulnary 7 and ordinary ailigence in Mr. Mock tne auaressee oft tne telexraia toen Otner tnan the oruinary care or fail:re on t part of 4pon this occasion that é >, wh rit ‘ evla~ence tiiat W. A. Mock Ci unuvur to have liveu half mile ' tne telegraph office at Daviuson » anu W. Mock to whom tie me Sase@ was sent, was a son ot Operator at Daviuson knew of’ su a Lea to sen IneS Sag; Ve W. Mock he Tailure to e uelenuant, Yes. tiat J. W. Mock Lown of Daviuson Operator, a} rit A ’ We As Mock’s was > only Chi tanld \ tnere, or ALS 2 U , al oOv/erator anus of Pat Sloan the coloreu wit- Sloan mace no inquiry, onl n the regular c & maid, Dut 6 sUVl4d ’ \s . W « MOCK Snoulu reasonable $414 Mock. you, tnat the ae Ucalvery oi care anu Y + i Uls ¢ a@nvan Except IULYSEL + VILL C Olan InCSs AL rulnary jury y usea eres ek aa, Es 4 94 (3) such ordinary cxre ana ailizgence 1ts eflort to celLiver the messag en tney snoila fina the first wssaie, No. Secona- tat ne Gaelenaant was nut bound OY its contract to 50 OUCBiGe Of its frees Gelivery limit of one halt’ Maite, 49 weliver messages, or seek Mock LO wnom the message was atrectea, anu if the jury believe trom the eviu nee that after the receipt or the message at Vaviuson, the aefe naant Company coulu not aeliver same to Mock, on account : absence from town, until it was too sate for him to nave reachea Morganton that nirnt. Then the plaintit't' cannot recov Ganages On account of his failure to reaen Morcle@nton tL anu recover no more tian the cost for senuin, gram. sNen, tiiese are f mies or law that y Court S “own to you, from wiicn you are to uetermine whether vr not the uetenaant was Guilty of negligence in failing tO aeliver tnat message promptly to J. W. Mock. The uef ant contends ne lirst place gentlemen, iat 1t was not guilty of any neg Agence, that 1t usea orainary aili ence in the transmission of the message Yrom Morganton to Daviasor, aa upon it's receipt by the operator at Daviuson that he usea oruinary aili-enee in trylm, to ascertain the Wiereabouts of the audressee Mr. J. W. Mock, anu tiiat the failure to aeliver this telegram was not the want of or ul na ry ipence on their part, but res lte« from the Lact tuey conlu not locate Mr. Mock tiiat nor where ie was, ana that they coulu'nt have ueliveres earlier than they aia. Tuis is one o i€ ntentions ot Ad Lne zen men. Upon this e a won this C Onis 1¢ ation court calls you atten on t tne eviacnce " M Thompson the ooerate » “lO 841G when tne Lice messaye -CClved he nanuea 1t to Sloan anu sent uua cut a to look ior Mr. Mock; that thougin > knew Mr. J W. Moek ca tiougn he knew his fatner, anu that his f Was ae ‘e, diving in Davidson witiiin e quarter, < alt a mile irom tne telegraph Ollice, that prior to the recelpt of tiie tel ne alu not Know that J. W. Mock was in town, and G14 not Know tnrat ie wes in town until nis messenser returnea anu lnai'omiec. him that Mr. Mock au been in town, but tie n@ naa Lert at 2 or 3s o'clock in the alternoon s0inz:: le place by tine name of Dool te. Mr. Thompson recelving tnat iniorn ition that ne Girectea 21S messenge: CO ¢ ari eelminm on or near the roau over tei: Mr. Mock wonlu travel in ret rning to Vavidson from Doolie, ani ne says that about 7 or 7.30 « "clock the messenxer came in a inlormea n that he nau been unable to Tina Mr. Mock anu ueliver the tele sram. The court further calls your attention to tne evidence ov! Sloan himself’, the messe meer boy, wio says when he receivea the telegram that ire went out anu lookeu tor Mr. Mock anu ne coula'nt finu 411m, &n«u he came back to the office, ana tat he went out aguin snortly lereatter ana lookeua for nim again, that ne anguirea at ? post otfice, anu he recelvea iniormation wnile he S 42t place that Mr. Mock hau Bone to Doolie, ana ne Says the iakin public ruau jeauing, from Doolie back to Daviuson anu to Mir. Mock 's ho Se, or to his fathers, was watciieu by :11m, that ne went there ana stovuad in oruer to sve Mr. Mock to ueliver tne message imnealately upc } return to town, anu he SaAys that he ' rea inea they, 47 414 mn. See Alm, anu ne returneu tne a “ be. ° » Ai z a a y (4) ; bs r ' ’ telegram to the office about 7 or 7.30 o' alack. The aelenuant argues tu you gpentiemen that this wa a ’ ' . . - reasonable etYrort on it s part; that Mr. Mock nau gone out the town; that tne company hau no inforination when VOULG Ol return, but placea its messenger upon the niciiway by which e wolld most likely return anu kept nim there for t ahi. OfGer: Toat this MesS&ie MAE sone tiline be aéliverea. The plaintiff contenus gentlemen of the jury that the uefenuant ala not tise aque diligence. The plaintiff also contenas that 18 Operator of tie televraph canpany knew Mr. W. A Mock, knew where ne liveg; tiiat his yremises were in sigh of tne tele:raph office; that he was well acyvain ea witn Mr. J. W. Mock, ine party to wnom the telepram was sent, anu that there was no ot oY amity of re Muc Ks we town Of Vaviuson or in the vicinity near arouna except W. A. Mocks; that the operator knew J. .«. Mock 1e person to whom th ram Was audressea, was tie sun A. Mock; that when ne receiveu tiis teleyram tnat ine 2 have sent it tne noase of W. A. Mock, in oruer that it J. W. Mock was nut nere, that the messenser migat ascertain where he was. Plaintiff argues that this telegram upon it.fface shnowea that the legligenee to ueliwr it prunptly, that it was @ matter wnich requirea tumim@ual ailivence on the part of ine campany, ana the plaintiff argnes to vou that the fact thet the messenger aia not go up there; no inquiry was mace at Mr. W. A.Mock's aLovt this ¢ leman, anu that the only ingiiryv iha S maue, was a the post office, anu the int'orma lion ¢, n the messenye vy tue witness Mr. Armour Contained this inforination, anu after the visit to tne ee Pd Si ea e a af ya post office anu stanulng upon tne street, as tiie plaintiit you (nis teleyram was returneu to tre ES : ay office about 7 or 7.80, ana the operator at tne telegraph oifice aia not clouge until 8 o'clock, tne plaintiff argues to you that even wien the telegram was returneu to the office he coula‘nt be founda was tne auty to go to Mr. W. A. Mock's anu try to varty was. Now gentlemen, you witli etermine your ans 0 this iss rvles laiu aown 11g down tne r $ F which you are to de iaqea, anc . yo: find that the aefenaant is guilty : " negligence as alleageu in tne complaint you will be your answer to tne first issue yes, but on the otier ) ~ i if you fina that the wefenuant aseu oruinary uiliger A . . . ; i in aclivering tnis | Sas 10u,n ne failea to ueliver it ad 2 5 ; : rt betore morning, you wiil answer this issue No, but if your 7 ; ‘ a . . 7 yf answer to the first issue is Yes, then you will ue‘ermine ete pi your answer to the Secunu, anu tiiat 18, what aanage ay ‘ £4 7 ' ae Nas A1e vla intatl sustaineu | y ne ne gd lgence of tie aelenuant. Refore laying worn tne miles I will cail vour atteniion to the bearing upon that issue as I recollect it. The plaintiitf contenas ana argies to you gentlemen, that she was in Morganton living with her husband; that on the evenin; of the 17th of August ner hisbana was s:aaenly kiliea, ana tnat she sent this telegram, or hau it sent to J. W. Mock he brother-in-law, inorwer tnat Le Inlght come anu be with ner anc ner assistance ana consolativsn anu brotherly sympathy 2 reat aistress. She savs that she alu not sign the telegr: nersell, but she instructeu Mr. Payne to go t ne slegraph office anu senu this telegram, ana she sa tnat the telepram sent si,ned J. W. Payne, or Jolin Payne asking J. W. Mock to come at BS ee 4 ] eee ta | ie) asi110Nn é KIiLLeQs frienus és t ana otierea to cousaa; tnat ie coffin was proviaed f a roby for purchasea anu that money was glven her, anu that believe, was given his transportation vy frienas ecombany he iS Tar as tesviile Sav r sne (pecteu 2 Otier-in-law come on { in consequence Lidure cof her brothel n-ilaw tc suifereu WOoLG tri 1ext morning JOUY Sen ' train anu she nerselii went train at o C In canvany Mr. Daves on to Statesviile ~ romnainea iere 1 Mr. Dav brotner-in-law came, tlaving, corm )Y he mormn Daviauson. Ana sie contenus entlenen u@lay n Lei11 ve") it tnis telieg 1b wit! ore-3neiaw wpon she sut'ter naer tne cir nces scount i tne a Lt ! t NUSL ANG. aetermine his question tne cart s no presumption of law that mentul ang! i account of the Mock; that the that sne stoou in sister-in-law further, Tact of ~ hirer rom Oeclng suffered is ‘ Drepenu aa Laintitfi l ; : v affection oe yr f rne t e iav liven he} ns - 4 ro : niier ulstress, an 4 hive vreventea a ner }i i ‘is . this now L ulstress, On iH sec@! 28 .Ve , ‘ c } Cons la ratgon son from Doofie, ) V1lsaie Yn Lim si.0W DOLL ‘ai to Show enti tiie eviyvence, Wi. or™an that UGA livery ean Mock aityer nis turn to Ds .son from S$u14 Mouek coulujg anu woulu iK&ive uariven tofsta e@vi cae. in taimeNto take ‘estern train; jis he Haw age 9 ay reacined/ Mor -ar iat woula) not be tn g@ase of5 tii VLA INtTIIY 's injury but the approximate caus Oi Poin: ary 5 As the the telezram, anu that . XK + na Vor OULU answer tne Seco! sSuG NOt 1Ny, WLEalntiit aumits that sne alu not nut mentionea in the telegram, anu tiiat Payne neu anu sent same as the Agent of the pluintiif, beiore can recover aana,se fur mental anguish occasloneu by failure of J Mock Lo the b n WXKN the plaantiff to show bj yr name 158 it with ier upon this occasion, QO 0 bs 3 AI O a y Rees Bese TERS ghee (6) preponoerance of tne eviuence that at the time the message Was uelivereu to the uefendant company, the saia canpany was uh notifiea of the fact that the. el eur { Was sen. tor i.e haw FY " a benetit of tie pla intirt "£4 tat Tact wat—wae now to—siie arent OL “Teter tT at Tire-tame, anu the court Char,es yOu gentlemen tnat there 1S nu eviaence tnat tne aefenuant uid c t naa any notice telesYrapn compan) lad & PoAG ce that tne tele, ram was sent 1 ior the benefit of the relationship existing between w plaintitl anu tne Salg, J. ale Mock , ana youtwWZl answer jo the seconu a O80 Ese geentiewen,, 5 cents, the cus {f tne telegram. The selene hate Goes not contenu that there was envy physical inju; to Oh ee ¢ » res. iry, from alleageu negligence, but the &Bllegation in tne canmplaint 1s lor ental angnishn sulferea by her, ana as the plaintiff has failea to show that the uefenuant canpany | te notice that the telerram was sent itor her benefit, “The ,not ice of tne relationsinp between her ana the saiu J. - Mock, shie cannot recover in this action, excupt the 25 cents paia for the telegram. If you sSinoula answer tue first lssue yes, that the uefencuant Canpeny was guilty of negligence, so-gemttemen—of-tire-jury your answer to the seconu issue can wunaer no circumstances oe more than 25 cents. | % = tt hf seg tty reign Se Lh» Ce iicagt mr 4 aa — tea 3 7 cont —o eo, " 4. peg he ap ena r LA . F- —_— At = Cae 5 / OQ om n > ws 0 o A2 3 a w y Ca s h i o n , Av e r y tT y u s e s ‘u o 1 IO a A a W < aes aa 0 | Wed ees ee Pee | Anna Cashion U est eil@ithncox Vans J .P.Collins J .Lidilsans,. J.HwWellinger S.Hoffnan oo Parker, Zot. Robertson r,3,Barkley eing sworn and empannelled for their verdict in this case they find the issues subiwaitted to them as follows: lst. ‘Yas the defendant guilty of negligence as allaged 1 the coaplaint? Ansver: Yas, and. That daaacges.if any.nas tne plaintiff sustained reason of the welijence of the defendant? Answer: Twenty-five cents. a © n S bw. 0 5 AZ a a y North Carolina Superior Court, [redell County I,J AsHartness ,.Clerk of the Superior Court,in and for the County of [redell State of North Carolina,hereby certify the fore- "Ol°g tO be &@ true and perfect copy of the proceedings in the Superior Court ,of the foregoing entitled cause on appeal to the Supreme Court,as complete as the sane remains on file and of record ln my office. Witness my hand and official Marehn,aA.U. 1899. J.A.Hartness, ,"veputy Clerk. & North Carolina . Superior Court. Iredell County .- February Term 1899. Be it remembered that at a Superior Court,beyan and held in and for the County of [redell in the Court House in Statesville. North Carolina,on the 4th. Monday before the lst, Monday in March 1899,His Honor ,Thos. J.Snaw,Judge Present and presiding, Whe aad wnere the following proceedings were nad: ate i. i ar e ta g ae ee oF em e r <a = & Az s a y ‘u o t y s e s Fri ar pe ce = Seber wr re JLtank & SL0 - veel, x Jibny aia A Pg | Mozera Gath | p ae ‘ Jlit ler, eee TE (5. t 0 ae Be Uehk man gan, of ony, fea Z 47 Qatar f sth dg a eg Apicce og QM Oy sett Auhid eae DK, Pe onnininsiil or Sea A oie. pos Ze refi ork fenrannly fir~< Cc aa Aree favs Xe hs Piste ly ficean aye, | a te Thinrfre OP dentine: es a) coat Am det Ly The Bt Loe hea 292 Tt. € OnLaw he x | a, | | ; ~_ ) -— { Ca s h i o n , Av e r y a e £5 af ee e 2 Se s fi ie ES aS a fs ya m ied North Carolina, In the Superior Court, Iredell County. May Term 1899. Anna Cashion, -vVs- JUDGMENT. Western Union Telegraph Co. This cause caning on to be heard at this Term of the Court before His Honor Shaw, Judge, and a jury, and being heard upon the whole record, and the jury having answered the issues lst. Was the defendant guilty of negligence as alleged in the Complaint ? Yes. 2nd. What damage, if any, has plaintiff sustained by reason of the negligence of the defendant ? Nine Hundred Dollars ($900.00) It is, therefore, upon motion of L. C. Caldwell and J. F. Gamble, attorneys for the plaintiff, considered and adjudged by the Court that the plaintiff recover of the defendant the sum of Nine Hundred Dollars ($900.00) damages, and the costs of this action to be taxed by the Clerk of this Court. ae J} 4 fw a ie Gy” - Judge Presiding. Ca s h i o n , Av e r y <a es ex e re a . ee r aR . Hie mea s 2 on ? EO or e s ee BR RE ae ee RR ee Re ae an e ae eee a ge e EE Bo aa Ee ee s ae ea p. : ‘u o t y u s e a A1 a a y v ¢ ( (w tA_A 7 tg Fae Pltegy 2 ZA42,/F77 my 4 ~ (| ), fou ' eZ (Oe A ful - acnnnnpBreh pos - oY al cai cat / ¢ Z / ? Cin fel ae a a "ne a Cae Qf hsb ipiai . he ea — ie ft AL rs VA at b MMA ee Ze QV he Hamm 4 > cece Eeek. gis celsisthes lil ioe Mot a A j- a wile AA / Aad alecinaialle fom At... - Opt be ace om 0 fonrpi Cah Pectay/ Mu Li g cota da al ci LA _ nL K9 tif a4. A thay Y, HY & Zt C 4 Be « Yaar ama Mest ater “of. ae Lf iad OQ © n » be. O o AZ d a y ) ae : Cw, o Ve a ie ah tc ofr cs ee Ad Zl C | AA lA ae ‘ Ratu yf ot ra eae oh. a fe i é, : Th ‘ 4 A a“ APY a op y Qan tot 4 ep ; ae el ee Q o Var es A.§ . Ot) Apu: ee Q o wn > br 0 o A2 T a a y v Au e H ul w e f u s g ‘u o r y s e > 99 6 1 A we 7 | IN THE MATTER OF THE WILL OF IREDELL COUNTY :—IN THE SUPERIOR COURT i" Benjamin Harry Cashion = Before Ce Ge Smith ae William Harry Cashion & Jerry Cl Oe ee being duly sworn, doth say: That eR a ery Genie ies ot a County, is dead, having died on the in day of___January 19_ 66 having first made and published _hiS _Jast Will ashion and Testament and thatWilliam Harry Cashion & Jerry Clyde 2 is the executor named therein. Further, That the property of the said__ Ben jamin TE consisting of Real Estate $____.___ and Personal Property ¢..____ — so far as can be ascertained at the date of this application; and that NAME AGE (If Minor) RELATION ADDRESS Alma Spears Cashion widow Statesville, N. C. Executor liiam Harry Ca on 432 Virginia A@é.,Statesville, N. C. are the parties entitled under said Will to the said property. Sworn to and subscribed before me this _25_ ay f ’ _ 19.66. Bek —~—o~—Execut_OFr HAL C7 Clerk Superior Court. OATH OF EXECUTOR STATE OF NORTH CAROLINA " SS.—IN THE SUPERIOR COURT. IREDELL COUNTY Clyde Cashin 1, William Harry Cashion & Jerry ee solemnly swear that I believe this paper writing to be and contain the last Will and Testament of Benjamin Harry Cashion E a that I will well and truly execute the same by first paying his debts and then his legacies, so far as the said estate shall extend, or the law will charge me, and all other duties pertginipg to the offjce of E3 or L,will discharge according to law, to the best of my skill and ability. So help pS ° = : Subscribed and Sworn to before me this__£> ‘k 2 Ef a 1 of LF y« a La fla (fa bP —or~ _Pxecutor_ J) Lcchininiaioenes sain AES Ca s h i o n , Be n j a m i n Ha r r y 19 6 6 FO R M A1 0 4 RE V 6 / 6 4 EQ O R OF F I C E US E ON L Y IN H E R I T A N C E TA X DI V I S I O N RA L E I G H , N. C. Sa r l NA M E NA M E OF RE P R E S E N T A T I V E NA M E OF AT T O R N E Y os a e m e NO R T H CA R O L I N A DE P A R T M E N T OF RE V E N U E | | | 27 6 0 2 RE P O R T OF CL E R K OF SU P E R I O R CO U R T AD D R E S S = AD D R E S S __ _ __ C O U N T Y < FO R OF F I C E US E ON L Y No t e : G. S. 10 5 - 2 2 re q u i r e s th e Cl e r k of th e Su p e r i o r Co u r t to pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e ex e c u t o r / a d m i n i s t r a t o r an d fo r w a r d sa i d re p o r t , in du p l i c a t e , to th e In h e r i t a n c e Ta x L on , No r t h Ca r o l i n a De p a r t m e n t of Re v e n u e . f Ba n k De p o s i t s ~. . . 2 - . . . . . . . . . - : PN A M E OF BA N K Ba n k De p o s i t s . . . . . is t h e ta k e p a r t NA M E OF BA N K Ba n k De p o s i t s .. . . . 1 ca n i n g li a c a i a c a a n e l e d o m s ai e NA M E OF BA N K Ba n k De p o s i t s .. . . . oa pr a e n e e a d e NA M E OF BA N K St o c k s an d Bo n d s (i n c l u d i n g jo i n t l y he l d ) . . . . . . . . . Ho u s e h o l d an d Ki t c h e n Fu r n i t u r e . . . . . . . . . . . . . In t e r e s t ow n e d in an y bu s i n e s s . 8. In s u r a n c e Pa y a b l e to Es t a t e @° o : Pa y a b l e to Be n c h i c i a r i e s 9k . 10 . Mo r t g a g e s an d No t e s .. Mi s c e l l a n e o u s Pr o p e r t y in c l u d i n g fa r m pr o d u c t s .. . . . Re a l Es t a t e ow n e d by En t i r e t y (i n c l u d e 2 va l u e ) . . . . . . . . . . . . . . . : Ot h e r Re a l Es t a t e ow n e d an d lo c a t e d in N. C . . Re a l Es t a t e lo c a t e d ou t s i d e N. C. Cn + 15 TO T A L AP P R O X I M A T E VA L U E OF AL L PR O P E R T I E S . . . $ CE R T I F I C A T E OF CL E S K Th e ab o v e ad m i n i s t r a t o r / e x e c u t o r qu a l i f i e d on A pe n a l t y of $1 0 0 . 0 0 is pr o v i d e d fo r fa i NA M E lu r e to fi l e th i s re p o r t . BE N E F I C I A R I E S OF DE C E D E N T se e n a eT ee eR ee et e ne e ee |} AG E | RE L A T I O N S H I P DO NO T US E TH I S SP A C E Ca s h i o n , Be n j a m i n Ha r r y 19 6 6 ® r<) = ° od w 3. g. 3 Lo %) J 99 6 1 ~~ +h ft ~ Wd ido . Withon+ bond executors to ns y A r pay my reaRe inn “kan erties that T ear ++ 2c as —- Ver i $ >be 5 27th april ? ef un 4 j * 907 p i c uy: r l evious Wi ; { é i = l i 7 Ale m ‘larry Cashion and Jerry Clyde ; either vr both sons cap serve, m"1NiStrative fees ee : honest debts, real : Shal? be the vashion, to have ana + OF iif@, BShuuid ~ lear wife, I , 7 5.h3_ am ‘S implicitly, > Q f 2. =. ¥ w o &. > 3. 5 jen) 3 99 6 1 No. 57-B—INVENTOR Y—-EXECUTOR, ADMINISTRATOR, GUARDIAN Edwards & Broughton Co., Raleigh—51-1089 x THIS MUST BE FILED AT THE EXPIRATION OF 90 DAYS AFTER QUALIFICATION NORTH CAROLINA l wis Pe Ltcdehetieseversevsrvuee COUNTY | IN THE MATTER OFr ESTATE OF IN THE SUPERIOR COURT—BEFORE THE CLERK Krterg trac. eae Deceased , INVENTORY By AZ KL s fooor aus ; oe faihacen Administrator, Guardian Teg: Gal. named estate, do hereby certify the following to be a true and perfect ‘omnia of the assets of said estate, which have come into my hands or the hands of any person for me, as ikea. , of said estate, to wit: Money on hand..... till... Mateinar. Oe se Jesper Pata. Kade Rs ee re. Aarons MS Bd. allt fy ....Walued at $.... Geee.es Goue. 196. dftechn.Leahits, va ae. A et dee cael priencnssesa-s iL bM.....rtceadler.... Ltr1.......4 hhadkhadh, histhas white... £9has....rthale. pimniihadl J. ince IN V E N T O R Y Fa t a t e of . . . FO W A R D S ®@ BR O U G H T O N cO . , RA L E I G H —5 - 6 5 — 3 M — 5 3 0 6 0 — 1 0 8 9 Ca s h i o n , Be n j a m i n Ha r r y 19 6 6 Au e y ur u e f u s g ‘u o r y s e s 99 6 1 Yo a 2 a“ pA aT 4.7 No, 57-C—FINAL ACCOUNT—EXECUTOR, ADMINISTRATOR, GUARDIAN Edwards & Broughton Co., Raleigh—1384 THIS MUST BE FILED AT EXPIRATION OF TWO YEARS AFTER QUALIFICATION NORTH CARO AN A ; IN THE SUPERIOR COURT—BEFORE THE CLERK Bictnniines COUNTY TTER OF ESTATE OF 4 FINAL ACCOUNT nistr stor, ‘Guardian hale , Clerk Superior Court: + or Annual Account fled... 25. “day of n “a “ $ $ $ $ $ $ $ $ $ $ $ $ FE TI sackeesccicdisciccleactecssincstcsccdactnactensevsasicnssinsitsicalobnnsenieiiseuseanncianscinersimimcsieaeniabiesnntvicbipetiibeunnnanmmminventiies wh .93H,SH.. Total Disburse Total Receip Total of All Disbursements Total Disburs Balance on ha Each Distribu share in said e; (1384) me n e ks ME M E O UO I Y s e - ) @ DISBURSEMENTS MY, Lancers per voucher No....... o. §. Lobe AD hs wes OO a oe 277 “a? 19 4 § LMS SMe Lp... s..19 8A. S5 hh... 3 LASS..ha.he..... ¢...428 2S... Balance on da distribytion.................. —— pana cnitnatuatennmunmanameni Total Disbursement .................02--c-s---seeeesesseeneceresensssnnsennnsnessesneennasanssesscsnsseesnanuannanaaensents Total Receipts ..............---.---c-seceserseceseeeeseneesennsennees See eee iccbaceeneneeanEnOn Total Disbursement ..................--c-ec-scerecseessscenseserssensnsansaeensssensenecasnsserossassesanensasecsanensanees Each Distributee’s share has been paid out in full settlement of the respective distributive Total a SS ..... share in said estate, as detailed above . (1384) Au e y ur u e f u o g ‘u o r y s 99 6 1 The foregoing account has been audited by me, the vouchers submitted in support thereof examined, and the account is hereby approved and confirmed. Let the acc togethey with this order, be recorded and filed. Ps e I l — f e 6 g r S — s o - Z 7 1 — W e EN N O D J O V TY N I A | a Ces Lx WV. » VExtr., or-Gommiien, being duly sworn, says that going’ Final Account is in all respects true and correct to the best of his information, knowledge, and belief. e Sworn to and subscribed before me, this rr Soy Lhe aa ‘ 4 ‘ Vdhw i bbs e A = : Exechtor, Administrator, Guardians ; Clerk Superior Court. Au e y ur u e f u o g ‘u o r y s e s 99 6 1 aot es ap BE ee eis wer APPLICATION FOR LETTERS TESTAMENTARY IN THE MATTER OF THE WILL OF IREDELL COUNTY :—IN THE SUPERIOR COURT ‘tta Cashion | ain area a Before. == C+ %. Smith ee ee ae Hverette FE. Jones — . being duly sworn, doth say: That Etta Cashion late of said County, is dead, having died on the 26th day of ~Pebruary ——, 1962 __, having first made and published _her a es ee ae and Testament and that averette F. Jones is the executor named therein. Further, That the property of the said er Sank AMANO ae __—__.consisting of teal Estate$__§. Ss and Personal Property $ so far as can be ascertained at the date of this application; and that NAME AGE (If Minor) RELATION ADDRESS Everette iE. Jones Nephew 418 W. Wilson Ave Mooresville, N. Cc, Annie C hion Jon ister Mooresville, N. Cc we are the parties entitled under said Will to the oe Sworn to and subscribed before me this day co 62 ce ies CveviDla © eae ; Clerk Superior Court. Address 18 \. OATH OF EB} Execut_°° wilson Ave.e¢ Mooresville,NC sins eben cle oa STATE OF NORTH CAROLINA [IREDELL COUNTY SS.—IN THE SUPERIOR COURT. I verette ©. Jones do solemnly swear that I believe this paper writing to be utta Cashion that I will well and truly execute the same by first paying his debts cha!l extend, or the law will charge me, and all other duti s pertaining to the office of Executor I will discharge according to law, to the best of my skill and rh So he and contain the last Will and Testament of and then his legacies, so far as the said estate Ip me Ged. Subscribed and Sworn to before me this day of 1962 Estria ‘: Lente ; Execut_°F_ C.S.C. Ca s h i o n , Et t a 19 6 2 oe rer ic k di v i NO R T H CA R O L I N A DE P A R T M E N T OF RE V E N U E a ie s IN H E R I T A N C E Ta x Di v i s i o n RA L E I G H RE P O R T OF CL E R K OF SU P E R I O R CO U R T NA M E OF ES T A T E CO U N T Y NA M E OF RE P R E S E N T A T I V E Ai s ; AD D R E S S a NA M E OF AT T O R N E Y __ _ AD D R E ea r n e d NO T E : Se c t i o n 20 of Ar t i c l e On e of th e Re v e n u e Ac t , re q u i r e s th e Cl e r k s of Su p e r i o r Co u r t s to Pr e p a r e th i s re p o r t at th e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t o r or f xe c u t o r wh i c h wi l l be to th e De p a r t m e n t of Re v e n u e in du p l i c a t e . Af of $1 0 0 . 0 0 is pr o v i d e d fo r th e ur e to fi l e th e s e re p o r t s , PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S OF DE C E D E N T in c i t e s f ; f NA M E RE L A T I O N S H I P Na m e of Ba n k Ba n k de p o s i t s Ba n k de p o s i t s Na m e of Ba n k St o c k s an d Bo n d s (i n c l u d i n g jo i n t l y he l d ) Ho u s e h o l d an d Ki t c h e n Fu r n i t u r e In t e r e s t ow n e d in an y bu s i n e s s In s u r a n c e Pa y a b l e to Es t a t e y Mi s c e l l a n e o u s Pr o p e r t y in c l u d i n g fa r m Pr o d u c t s Re a l Es t a t e ow n e d by En t i r e t y (i n c l u d e 4 va l u e ) Ot h e r Re a l Es t a t e ow n e d an Re a l Es t a t e lo c a t e d Ou t s i d e N. C. TO T A L AP P R O X I M A T E VA L U E OF AL L PR O P E R T I E S _ $ CE R T I F I C A T E OF CL E R K Th i s re p o r t co v e r s th e if i c a t i o n s of t h e ab o v e na m e d f tr a t o r or Ex e c u t o r mo n t h of at e wh e t h e r Ad m i n i s t r a t i o n ag Da t e Ex e c u t o r s h i p _( ta, 7 > wn >. ° m So © 79 6 1 NORTH CAROLINA IREDELL COUNTY I, Etta Cashion, of the &foresaid County and State, beings of sounc mind, but considering the neertainty of my earthly existence, do make and declere thiw my lest will ana testament: Firet. J hereby direct my executor, hereinafter named, to pay my funeral expenses ano eny just debt that i micht owe out of the first moneys comine into his hands >eloneine to my estate, Second, I sive, bequeath and devise all of my property of all kinds arc whereever situated to my sister, annie Cashion Jones, to be hers durine the t erm of her natural life and at her death, to cverette &, Jones, infee simple. hire. I hereby constitute and appoint miverette L. Cones the executor of this my last will éna testament, to carry out the same anc every pert ardc lause thereof &ccording to its true intent and meanin’= hereby revoking ana aeclariny utterly voia all other wills OY me heretofore made, In testimony whereof, I, Etta vashion, have hereunto set my hanc and seal this the 2th day of February, 1959, /s/ Etta Cashion (SRAL) itta Cashion vienec, sealed, published and declared by the said ftta Cashion to te her last willana testament in the presence of us, who, at her request anc in her presence (and in the presence of each Other), do Budscribe our names as witnesses thereto. £ ‘ances K. Smith Mooresville, N . Lurlineston NORTH CAROLINA IREDELL COUNTY In the matter of Everette E Executor of the Fstate of Etta Cashion, deceased 1962 March 17 Cash First National Bank of Mooresville $1168.76 March 17 1962 March 17 March 17 March 27 March 31 April 23 June 7 Oct. £5 Oet. 25 bet. 25 Everette ©. deceased, foregoing Cash on hand Total Receipts DISBURSEMENTS Cavin Funeral Home-funeral expenses Wise Florist-Casket spray Mooresville Tribune-Legal ad. Mrs. Craig Smith-Witness to will C. Ge. omith-C.5.C. Cost ag ag Granite Co.-Grave V. Turlington-Attorney fee Everette E. Jones-5% commission and disbursements Hon, omith - Costs Marker Le ‘ mn We UWe Total Disbursements has been supplied by the Executor. Jones, executor of the will of first being duly sworn, deposes and says Final Account is true and ‘iss 58.00 1226.76 ~l004. 36 51.50 5.90 5 O00 on receipts Stta Cashion, that the accurate to the best of his knowledge, information and belief. Suortlle © Nrue Executor this AF day of Octpber, Ede King: 7 Notary Public Sworn to and subscribed befor 1962, My Commission expires: Z-bh ee TCO _— ‘ 7 l Me oe ft yh Lip G, Cashden Bank Cash on hand s interest in house and lot on West Wilson Avenue } 2617.50 r Everettek, Jones, executor, being duly sworn Says that the foregoing inventory of the estate of Miss Etta Cashion, deceased, is true and accurate to the best of his knowledge, information and belief, Cucnelle Sworn to and subscribed for me this the 14th day of April, 1962, fi ~/ 4 Abs t tes nh, . Notary Public My commission exnires: Z/G/ 6S Uf “u o r y s e ) 09 6 1 9.5 APPLICATION FOR LETTERS TESTAMENTARY IN THE MATTER OF THE WILL OF IREDELL COUNTY :—IN THE SUPERIOR COURT J R Cashion — ee : Before____ £8 smith 9 aes es ad ee ___Mrs Lois M Cas! __sébeing duly sworn, doth say: R r : ee | Cashion a __late of said County, is dead, having died on the et be . . 60 having first made and published his __ Jast Will and Testament and that_— Mrs Lois vy Cashion is the executor named therein. Ren Further, That the property of the said ===> J 8 Cashion _ ; ______eonsisting of Real Estate $_______. and Personal Property $ so far as can be ascertained at the date of this application; and that NAME AGE (If Minor) RELATION ADDRESS Mrs Lois M. Cashion Widow Statesville, NC James Thomas Ceshion Son " are the parties entitled under said Will to the said property. Sworn to and — ibed before me this ay day Eds soy — 19__60, : Ford TA. Chad strc ___Execut rix ‘oe : Clerk Superior Court. Address_210 S Oak St., Statesville, NC LL XM Ay——_Clerk Superior Court. Address_£10-$ _Osk Ste, —Statesve Ae, 4% —— OATH OF EXECUTOR STATE OF NORTH CAROLINA IREDELL COUNTY SS.—IN THE SUPERIOR COURT. i, Mrs Lois M Cashion do solemnly swear that I believe this paper writing to be and contain the last Will and Testament of J 2 Cashion 7 at that I will well and truly execute the same by first paying his debts and then his legacies, : so far : as the said ‘estate shall extend, or the law will charge me, and all other duties pertaining to the office of Executor I will discharge according to law, to the best of my skill and ability. So help me God. Subscribed and Sworn to before me this 7 day — DER 19_60_ / 79). Ueathevrr Execut_?ix c C.S.C. U ' U NO R T H CA R O L I N A DE P A R T M E N T OF RE V E N U E IN H E R I T A N C E Ta x Di v i s i o n RA L E I G H RE P O R T OF CL E R K OF SU P E R I O R CO U R T ee - NA M E OF ES T A T E : Ne te Re ea e : _ CO U N T Y GA L C I O E er e AD D R E S S AD D R E S S _ 9 Co u r t s to pr e p at th e ti m e of qu a l i f i c a t i o n of th e Ad m i n i s t r a t o r or Ex e c u t o r wh i c h wi l l be fu r n i s h e d rt th e fa i l u r e to fi PR O P E R T I E S OF DE C E D E N T BE N E F I C I A R I E S CF DE C E D E N T AG E | RE L A T I O N S H I P Ba n k de p o s i t s } Na m e of Ba n k } Ba n k de p o s i t s Na m e of Ba n k St o c k s an d Bo n d s (i n c l u d i n g jo i n t l y he l d ) Ho u s e h o l d an d Ki t c h e n Fu r n i t u r e In t e r e s t ow n e d in an y bu s i n e s s ». In s u r a n c e Pa y a b l e to Es t a t e In s u r a n c e Pa y a b l e to Be n e f i c i a r i e s — $ NI OI a is i ig a si s cs ec $ Mi s c e l l a n e o u s Pr o p e r t y in c l u d i n g fa r m pr o d u c t s 4 wh l e e ) 6a wn $ Re a l Es t a t e ow n e d by En t i r e t y (i n c l u d e Ot h e r Re a l Es t a t e ow n e d an d lo c a t e d in N. C. -. _ - _ ~ $ Re a l Es t a t e lo c a t e d ou t s i d e N. C. CE R T I F I C A T E OF CL E R K DO NO T US E TH I S SP A C E Th i s re p o r t co pa t h e qu a l i f i c a t i o n s of th e ab o v e na m e d Ad m i n i s t r a t o r or Ex e c u t o r in th e ee e Da t e IM P O R T A N T : Pl e a s e in d i c a t e wh e t h e r Ca s h i o n , J. R. 19 6 0 C) ke a S. ° a e 09 6 1 ee 4 ® ® N. Cc. July lst, 1958 I bequeth to Lois Morrison Cashion, the following. Home on South Oak Street. Also vacant lot south of home, Life insurance, stocks, bonds, car, The Star Milling, is due to us, J. R. Cashion, and Lois M. Cashion, and $6000.00 in cash, also $7000.00 for lot on vacant lot on the State Farm which we loaned to Star Milling Co. My stock in the Star Mjlling Co. is to be divided equally, bet- ween Lois M. Cashion and James Thomas Cashion. /s/ J. Re Cashion Witness: F. G. Templeton Witness: Albert White Lbss M. the administratix, with«dut bond. "Y 'f ‘u o r y s e s 09 6 1 NORTH CAROLINA, IN THE SUPERIOR COURT IREDELL COUNTY. BEFORE THE CLERK In the matter of Lois M, Cashion, 0 Executrix of the Estate of J. R. 0 INVENTORY Cashion, ) TO THE HONORABLE C. G. SMITH, CLERK OF THE SUPERIOR COURT OF IREDELL COUNTY: The undersigned respectfully shows unto the Court : 1. That on November 19, 1960, Lois M. Cashion qualified as Executrix of the Estate of J. R. Cashion, and is now acting in her fiduciary capacity. 2. As by law required, Lois M. Cashion, Executrix, hereby returns to the Clerk, on oath, a just, true and perfect inventory of all the personal property, which has come unto her hands, as follows: REAL ESTATE 1. House and lot on Front and S. Oak Street 2-e Vacant lot on South Oak Street: PERSONAL PROPERTY 1. 1957 Cadillac 2e Qne-Third interest in the Star Milling Company Filed and entered in the Office of the Clerk of the Superior Court of Iredell County, at Statesville, North Carolina, on August 25, 1961, Lois M. Cashion, Executrix Sworn to and subscribed before me this August 25, 1961, My commission expires; January 21, 1963 4 se | an ‘Notary Public The foregoing report of Inventory, Signed by Lois M. Cashion, Executrix of the Estate of Je R. Cashion, is approved and ordered recorded. LEXY Lh Clerk of the Superior Court of Iredell County. This August 71, 1961, NORTH CAROLINA, I) THE SUPERIOR COURT IREDELL COUNTY. BEFORE THe crag 4 In the matter of Lois M. Cashion, § uxecutrix of the Estate of J. R. t ANN U D@rs, A’ Cad Oy wn T Cashion, deceased, § Ls TO THE HONORABLE Ce Ge SMITH, CLERK OF THE SUPERIOR COURT OP TREDEBL SOUNTY, NORTH CAROL reports unto the Courts: shion was appointed Executrix of t} e Estate of J. R. mhHper 10 IOL LZ 7, 1960, and was duly qualified my +} a That the Execu period from her tment to November 14» 1962, as 1. There have been no further receipts or disbur as the Estate is bein: held opened for the approval of the inheritance tax reports the Director of Intemal Revenue at Greensboro, North Carolina, and the North Carolina Department of Revenue at Ralei hh, North Carolina. Simed and filed in the Office of the Clerk of the Lredeil County, Statesville, North Carolina, on November hs few 7). Creheon> is Me Cashion, Executrix of the Estate of Je R. Cashion, deceased, ~ Sworn to and subscribed this November // commission expires: s > y thn iLi he é c » (Srna en. Notary Public The forezoing annual account of Lois M, Cashion, Estate of J. R. Cashion, deceised, has bean audited, approved and ordered recorded + Chis November Clerk of Superior Court of Iredell County. Wf ‘u o r y s e D 09 6 1 q SUPERIOR COURT FINAL SETTLEM} CLERK OF HE SUPERIOR COURT Set V < ) K) ih Ye SJ OV eVE ee “f ‘u o r y s e D 09 6 1 m Star Millin C) fo a fe. ° 7 o 09 6 1 WHEREFORE, having fully administered on 1 Uli this report be accepted as UG and recorded, and C2w ue 4 2) SFboS” 4 ~ . =e tle alah TT A titetalsataconicisenscennsiaiionanticsanreninian Notary Public C) > a . S s _ 09 6 1