Dempsey v. Western Union Tel. Co.
Supreme Court of South Carolina
Before SeasE, J., Colleton, November, 1911. Action by Barnie Dempsey and Mrs. Barnie Dempsey against Western Union Telegraph Company. Defendant appeals.
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Before SeasE, J., Colleton, November, 1911. Action by Barnie Dempsey and Mrs. Barnie Dempsey against Western Union Telegraph Company. Defendant appeals. Peurifoy Bros, cite: One cannot recover for damages zvhich he could have prevented by other means of communication: 27 Ency. 1034. cite: That there is no evidence to support a verdict must be first made by motion for nonsuit or to direct a verdict: C. C. Rule 77 75 S. C. 571. The rules of-a telegraph company must be reasonably applied: 71 S. C. 307. Service message must be handled with same diligence as initial message: 81 S. C. 436; 77 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This was an action by the plaintiffs against the defendant for actual and punitive damages for $1,995.00, for alleged negligent and wilful failure to deliver a telegram and negligent and wilful failure to notify the sender of its non,delivery. The telegram was filed with defendant, at Youngs Island, at 9 :25 a. m., Sunday, July 3, 1910, and was as follows: “7-3-10. Mrs. Barney Dempsey, Cordova, S. C. Mrs. Platt is dying. Come at once. Answer to Meggetts. J. P. Gay.”
Cordova is a small station in Orangeburg county and the telegraph…
2Cases cited3 opinions
- Lyles v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
- Campbell v. Western Union Telegraph Co.Supreme Court of South Carolina · 1906
- Martin v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
3Cited by2 opinions
- Dupre Company v. RailwaySupreme Court of South Carolina · 1914
- Ernest M. DuPre Co. v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1914