Harrison v. Western Union Telegraph Co.
Supreme Court of South Carolina
Before Gary, J., Edgefield, Action by P. B. Harrison against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals.
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Before Gary, J., Edgefield, Action by P. B. Harrison against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. Messrs Evans & Finley and Barrett cite: There was no duty to deliver the message until office hours next day: 54 S. W., 963; 66 S. W., 17; 107 Ky., 469; 66 S. W., 592; 62 S. W., 136; 25 S. W., 661. Office hours were reasonable: 28 Ency., 2 ed., 1037. Person receiving the message being not connected with company owed no duty to deliver message: 53 E. R. A., 732. Time table cases are confined to dangerous machinery: 113 Ga., 398. Common lave is presumed to…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages, by reason of the failure on the part of the defendant to deliver the following telegram:
“Columbia, Va., 18.
“P. B. Harrison, Johnston, S. C.:
“Bather died to-day, two-thirty. Funeral Monday eleven.
“Kate Harrison.”
The defendant denied all except the formal allegations of the complaint, and set up the following defense:
“This defendant alleges, on information and belief, that the telegram referred to in the complaint was transmitted to and received at Johnston, S. C., at 8.10 o’clock P. M., on April 18th,…
2Cases cited1 opinion
- Dowdy v. Western Union Telegraph Co.Supreme Court of North Carolina · 1899
3Cited by12 opinions
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
- Spratt Building & Loan Ass'n v. RoperSupreme Court of South Carolina · 1931
- Balderston v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
- Brown v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
- Cabe, Admx. v. LigonSupreme Court of South Carolina · 1921
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