Bonner v. Western Union Telegraph Co.
Supreme Court of South Carolina
Before George E. Prince, special Judge, Barnwell, Action by E. E. Bonner against Western Union Telegraph Co. Erom judgment in favor of plaintiff, defendant appeals. The sixth exception is as follows: “Sixth.
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Before George E. Prince, special Judge, Barnwell, Action by E. E. Bonner against Western Union Telegraph Co. Erom judgment in favor of plaintiff, defendant appeals. The sixth exception is as follows: “Sixth. In that his Honor erred in refusing to strike out, after due notice and before answering, the following words in the complaint, bo wit: ‘The plaintiff, E. E. Bonner, was grieved, disappointed and distressed in mind and caused to suffer from great mental anguish, bo his damage $1,995.’ The error being that said words were irrelevant to¡ the cause of action for actual damages set up' in the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
The plaintiffs sought to recover a judgment for $1,995 from the defendant, because he alleged that it failed to deliver a telegram announcing the serious sickness of plaintiff’s sister, and desire for his presence on the Atlantic Coast Rine Railroad. The defendant denied any liability, alleging'that the dispatch was received after office hours, which fact was well known to the sender, but the message was sent during the office hours the next morning. The cause came on for trial before special Judge, George E. Prince, and a jury,…
2Cases cited3 opinions
- Lynch v. Spartan MillsSupreme Court of South Carolina · 1903
- Western Union Telegraph Co. v. CriderCourt of Appeals of Kentucky · 1900
- Western Union Telegraph Co. v. McConnicoCourt of Appeals of Texas · 1902