Willis v. West. Union Tel. Co.
Supreme Court of South Carolina
Before J. P. Carey, special Judge, Cherokee, June, 1903. Action by J. A. Willis against Western Union Telegraph Co. From’ judgment for plaintiff, defendant appeals. cite: Statute does not include cases of failure to relieve mental cnguish: 9 Tex., 206; 75 Tex., 26; 54 S. W., 825. Mental anguish is to be inferred, not proved, by plaintiff’s apprehensions or imagination: 7 Allen, 118; 75 Tex., 531; 22 S. W., 866; 7 Cush., 581; 70 Tex., 243. Plaintiff must show that claim for…
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Before J. P. Carey, special Judge, Cherokee, June, 1903. Action by J. A. Willis against Western Union Telegraph Co. From’ judgment for plaintiff, defendant appeals. cite: Statute does not include cases of failure to relieve mental cnguish: 9 Tex., 206; 75 Tex., 26; 54 S. W., 825. Mental anguish is to be inferred, not proved, by plaintiff’s apprehensions or imagination: 7 Allen, 118; 75 Tex., 531; 22 S. W., 866; 7 Cush., 581; 70 Tex., 243. Plaintiff must show that claim for damages was made in sixty days: 1' Am. R., 387; 98 la., 51. As to limitation of period of mental anguish: 25 Ency., 1…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff in this case recovered a verdict for $500 on account of mental anguish caused by failure to deliver a telegram1.
The defendant’s demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, was overruled by the Circuit Judge, and the appeal from this ruling will be first considered.
The complaint alleged, in substance, the following facts: The plaintiff, who resided in Gaffney, received a telegram from his father summoning him to Blackville, the home of his parents, on…
2Cases cited6 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Missouri, Kansas & Texas Railway Co. v. MillerCourt of Appeals of Texas · 1901
- Wallingford v. West. Union Tel. Co.Supreme Court of South Carolina · 1901
- Herskovitz v. BairdSupreme Court of South Carolina · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Burrus v. Nevada-California-Oregon RailwayNevada Supreme Court · 1914
- Coleman v. LevkoffSupreme Court of South Carolina · 1924
- Doster v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
- Carter v. Southern Ry.Supreme Court of South Carolina · 1906
19 more not listed; retrieve them via the Exa API.