Simkins v. Western Union Telegraph Co.
Supreme Court of South Carolina
Before Bowman, J., Action by S. McGowan Simkins against the Western Union Telegraph .Company. From a judgment.for defendant, plaintiff appeals. Nature of damages alleged: 71 S. C. 85; 37 Cyc. 1766; 65 S. C. 491; 93 S. C. 318; Mood Case, 40 S. C. 524, distinguished. Telegram gave notice of damages on its face: 70 S. C. 16, 422; 75 S. C. 512: 40 S. C. 524. Telegram gave no notice of special damages: 71 S. C. 29; 68 Miss. 307; 8 So. 746; 71 S. C. 82; lb. 211.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
The plaintiff, who' is an attorney at law, brought this action to recover damages for the alleged negligence of defendant in failing to1 transmit and deliver with reasonable promptness the following message, which was addressed to him: “Go1 to Columbia tomorrow. Represent me before executive committee.” The message was sent by Mr. W. Jasper Talbert, from Parksville, to- the plaintiff, at Edge-field; both places being in Edgefield county. It was filed about 7 o’clock p. m., September 3d, and delivered the next, morning, about 9…
2Cases cited1 opinion
- Mood v. W. U. Telegraph Co.Supreme Court of South Carolina · 1894
3Cited by4 opinions
- Bizzell v. BizzellSupreme Court of North Carolina · 1958
- Swift & Co. v. SullivanSupreme Court of South Carolina · 1929
- Diamond v. Southeastern Express Co.Supreme Court of South Carolina · 1925
- Einbinder v. Western Union Telegraph Co.Supreme Court of South Carolina · 1944