Walker v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Gage, J., Edgefield, October Term, 1905. Action by J. B. Walker against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. cite: Evidence should not be admitted on point reasonably not in contemplation of contracting parties: 70 S. C., 10, 356; 60 S. C., 381; 61 S. C., 329; Joyce on Elec.
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Before Gage, J., Edgefield, October Term, 1905. Action by J. B. Walker against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. cite: Evidence should not be admitted on point reasonably not in contemplation of contracting parties: 70 S. C., 10, 356; 60 S. C., 381; 61 S. C., 329; Joyce on Elec. E., sec. 823; 72 S. C., 295; 70 S. C., 423, 543; 71 S. C., 29. Injury alleged was not the proximate cause of failure to deliver, as written: 72 S. C., 120; 70 S. C., 418; 130 N. C., 447; 56 S. W., 568; 91 Tex., 206; 104 Tenn., 56; 88 Tex., 9; 7 Ind. App., 208; 30 S. W., 937;…
1Opinion of the Court
December 12, 1906. The opinion of the Court was delivered by This action came on for trial at the October, 1905, Term of Court of Common Pleas for Edgefield County. The verdict was for the plaintiff for the sum of $950.
The complaint sets forth that the plaintiff and his family resided in the town of Edgefield, S.C. and has so resided about one year. During the last of April, 1905, he was temporarily absent in the city of New Orleans, when Mrs. J.B. Walker, his wife, telegraphed him as follows:
"Wire your address after to-day. Baby had convulsions this morning. Resting now."
To this telegram the…
2Cases cited4 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
- Western Union Telegraph Co. v. PendletonSupreme Court of the United States · 1887
- Frasier v. Charleston & Western Car. Ry.Supreme Court of South Carolina · 1905
3Cited by8 opinions
- Brown v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
- Fail v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
- Johnson v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
- State v. MartinSupreme Court of South Carolina · 1922
- Western Union Telegraph Co. v. TaylorCourt of Appeals of Texas · 1914
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