Smith v. Western Union Tel. Co.
Supreme Court of South Carolina
Action b.y C. L. Smith against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. cite: Claim for damages must be presented in sixty days from filing message: 21 Am. & Eng.
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Action b.y C. L. Smith against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. cite: Claim for damages must be presented in sixty days from filing message: 21 Am. & Eng. Corp. Cas., 88; 8 Ibid., 423; 25 Ibid., 519; 65 N. Y., 163; 57 Wis.. 562; 62 Pa., 83. If plaintiff knew he could not have arrived in time for funeral after delivery of message there can be no recovery for mental anguish: 72 S. C., 523; 70 S. C., 422. No negligence in effort to deliver: 71 S. C., 303, 386; 7.2 S. C., 116; 75 S. C., 97. No duty to deliver after office hours shown: 73 S. C., 522; 75…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff recovered judgment for mental anguish, alleged to have been produced by the negligent delay of the defendant in delivering the following telegram, sent by plaintiff’s father, concerning the death and burial of his brother:
“Apex, S. C., Oct. 4.
C. E- Smith, Camden, S. C.
Anderson dead; be buried here tomorrow.; answer if you can. ' ’ • Rufus Smith.”
The issue of punitive damages was eliminated by an order of nonsuit, from which the plaintiff has not appealed.
The main contention of the defendant is that a nonsuit should have…
2Cases cited5 opinions
- Jennings v. Edgefield Mfg. Co.Supreme Court of South Carolina · 1905
- Bonner v. Western Union Telegraph Co.Supreme Court of South Carolina · 1905
- Bryan v. . Telegraph Co.Supreme Court of North Carolina · 1903
- Harrison v. Western Union Telegraph Co.Supreme Court of South Carolina · 1905
- Western Union Telegraph Co. v. TrumbullIndiana Court of Appeals · 1891
3Cited by1 opinion
- Rushton v. South Carolina State Highway DepartmentSupreme Court of South Carolina · 1945