Bush v. Western Union Telegraph Co.
Supreme Court of South Carolina
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
- Stout v. . PerrySupreme Court of North Carolina · 1910
3Cited by3 opinions
- Brailsford v. Walker, MayorSupreme Court of South Carolina · 1944
- Duncan v. the Record Publishing Co.Supreme Court of South Carolina · 1927
- Melvin v. Western Union Telegraph Co.Supreme Court of South Carolina · 1927