Melvin v. Western Union Telegraph Co.

(dissenting) : The Court, in the case of Stewart v. Tel. Co., 93 S. C., 119; 76 S. E., 111, adverted-to the position taken by counsel for the telegraph company that the mental anguish statute was unconstitutional, in that “it denies to telegraph companies alone the benefit of the general rule, of which all other litigants are allowed the advantage, that a plaintiff cannot recover special damages, without alleging and proving that the defendant had notice, at the .time of making the contract,' of the circumstances out of which such damages might arise, in the event of its breach”; and in…