This section contains the nature of the case and procedural background.

P alleged that D's negligence consists in transmitting a telegram to Royal, Benson, N.C. ordering four gallons corn whiskey to be sent by express to Mintz Siding in Sampson County, N. C. The signature on the delivered telegram was T. J. Sessons instead of T. J. Newsome. P alleges that he ordered the whiskey by agreement with his raft hands who were preparing to construct rafts and take his timber and rosin to Wilmington during a freshet in February 1902 and that they refused to go into the water without the whiskey. As a consequence of D's negligence P claims he lost the benefit of the freshet and was damaged. D requested an instruction that in no view of the evidence can P recover more than nominal damages, which was refused. P got the verdict and D appealed.

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