Sons v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Aldrich, J., Spartanburg, October, 19.10. Action by T. P. Sims & Sons against the Western Union Telegraph Company. From Circuit order affirming judgment of Magistrate A. H. Kirby defendant appeals on the following exceptions: I. “Error in not sustaining defendant’s- first ground on motion for nonsuit, which was as follows: That the facts as sworn to do not constitute a cause of action against the defendant Western Union Telegraph Company. II.
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Before Aldrich, J., Spartanburg, October, 19.10. Action by T. P. Sims & Sons against the Western Union Telegraph Company. From Circuit order affirming judgment of Magistrate A. H. Kirby defendant appeals on the following exceptions: I. “Error in not sustaining defendant’s- first ground on motion for nonsuit, which was as follows: That the facts as sworn to do not constitute a cause of action against the defendant Western Union Telegraph Company. II. “Error in not sustaining defendant’s second ground on motion for nonsuit, which was as follows: That the proximate cause of plaintiff’s injury,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This action was commenced before a magistrate, and is for damages alleged to have been sus tained by the plaintiffs, through the negligence of the defendant, in erroneously transmitting a telegram.
The allegations of the complaint, material to the questions presented by the exceptions, are as follows:
“That on August 3, 1909, there was delivered to' the said defendant, by the El Reno Mill and Elevator Company, for speedy transmission and delivery at Spartanburg to the said plaintiffs, the following paid message: ‘T. P. Sims & Sons,…
2Cases cited1 opinion
- Bowie v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
3Cited by1 opinion
- Allen v. Western Union Telegraph Co.Supreme Court of South Carolina · 1946