Kirby v. Western Union Telegraph Co.
Supreme Court of South Carolina
Action by Mamie G. Kirby and Wm. F. Kirby against Western Union Tel. Co. From judgment for plaintiff, defendant appeals. Mr. Evans cites: When all facts are out there is no room for presumption: 29 S. C., 202; 65 S. C., 185; 16 'S. C., 153; 75 S.' C., 522. Remarks of counsel not supported by the evidence is reversible error: 106 N. W., 690; 99 N. Y., 836; 50 S. C., 248; 187 N. Y., 128. No citations.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Pope.
Plaintiffs, Mamie G. Kirby and her husband William F. Kirby, brought this action against the defendant telegraph company to recover actual damages alleged to’ have resulted from the negligent delay in delivering the following telegram sent to the plaintiff, Mamie G. Kirby, by her father, J. E. Kinsey: “Your mother is dead; come tonight.” The message, according to the testimony, was received by the agent at Branchville, the home of J. E. Kinsey, between seven and eight o’clock on the morning of the third of March, 1904, and was…
2Cases cited7 opinions
- Watts v. South Bound R. R.Supreme Court of South Carolina · 1901
- State v. RobertsonSupreme Court of South Carolina · 1887
- Arial v. West. Union Tel. Co.Supreme Court of South Carolina · 1905
- Hellams v. Western Union Tel. Co.Supreme Court of South Carolina · 1904
- Tinsley v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Frazier v. Southern Railway CompanySupreme Court of Georgia · 1946
- Hubbard v. RoweSupreme Court of South Carolina · 1939
- State v. DavisSupreme Court of South Carolina · 1911
- Crosby v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1908
- Edwards v. Union Buffalo Mills Co.Supreme Court of South Carolina · 1931
5 more not listed; retrieve them via the Exa API.