Legal Opinion

Bush v. Western Union Telegraph Co.

Supreme Court of South Carolina

Decided November 18, 1912No. 8369PublishedCited by 3 opinions

Before Memminger, J., Edgefield, Fall term, 1911. Action by Josie Bush and R. S. Bush against Western Union Telegraph Company. Defendant appeals. cite: The act is so irregular and inconsistent as to he of no legal effect: 26 Stat. 84; Endlich, sec. 24; Sutherland, sec. 261; 26 Ency. 657; 100 Ala. 32; 34 Ark. 224; 59 N. E. 489; 63 S. W. 652; 49 Am.

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Before Memminger, J., Edgefield, Fall term, 1911. Action by Josie Bush and R. S. Bush against Western Union Telegraph Company. Defendant appeals. cite: The act is so irregular and inconsistent as to he of no legal effect: 26 Stat. 84; Endlich, sec. 24; Sutherland, sec. 261; 26 Ency. 657; 100 Ala. 32; 34 Ark. 224; 59 N. E. 489; 63 S. W. 652; 49 Am. R. 652; 86 N. E. 522; 37 Tex. 389; 23 Mon. 241; 21 Pac. 485. The enacting clause controls: 51 N. W. 260; 67 Vt. 314. If otherwise construed, the act is unconstitutional: 79 S. C. 259, 255, 257; 81 S. C. 235; 165 U. S. 159; 21 L. R. A. 789; 19 S. W.…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Hydricic.

Defendant appeals from a judgment for $950.00, actual and punitive damages, awarded plaintiff for the negligent and wilful failure to transmit and deliver to her a telegram, filed with its agent at North, S. C., on January 5, 1911, and addressed to her, at Pinewood, S. C., and reading as follows: “Josie, Mike is dead. Will be buried at 5 o’clock, Salem.” The person called “Mike” was plaintiff’s brother-in-law.

As plaintiff’s relation to deceased was only by affinity, if her case depended upon the law as it was under the decisions of…

2Cases cited1 opinion

  1. Stout v. . PerrySupreme Court of North Carolina · 1910

3Cited by3 opinions

  1. Brailsford v. Walker, MayorSupreme Court of South Carolina · 1944
  2. Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927
  3. Melvin v. Western Union Telegraph Co.Supreme Court of South Carolina · 1927

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