Gist v. Telegraph Co.
Supreme Court of South Carolina
Before Aldrich, J., Newberry, April 11,1895. Action by Nathaniel Gist against Western Union Telegraph Company by the following complaint: I. That the defendant is a body corporate and politic, and as such is capable of suing and being sued in said State. II.
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Before Aldrich, J., Newberry, April 11,1895. Action by Nathaniel Gist against Western Union Telegraph Company by the following complaint: I. That the defendant is a body corporate and politic, and as such is capable of suing and being sued in said State. II. That the said defendant is engaged in transmitting messages by way of telegraphy from Newberry Court House, in said State and County, to the city of New York, in the State of New York, and from the said city of New York to the said Newberry Court House, receiving pecuniary compensation for their services from the parties sending and…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
This was an action to recover damages for loss sustained by plaintiff by reason of the negligence of the defendant company.in the delivery of a telegram sent to him by Roddy & Watts, of New York. Inasmuch as the questions presented by this appeal arise upon a demurrer to the complaint, upon the ground that the allegations therein contained are not sufficient to constitute a cause of action, it will be necessary to state, substantially, such allegations, though a copy of the complaint should be embraced in a report of the case.…
2Cases cited7 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Embrey v. JemisonSupreme Court of the United States · 1889
- Western Union Telegraph Co. v. Blanchard, Williams & Co.Supreme Court of Georgia · 1882
- Roundtree v. SmithSupreme Court of the United States · 1883
- Thatcher v. . MorrisNew York Court of Appeals · 1854
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3Cited by16 opinions
- Packard & Field v. ByrdSupreme Court of South Carolina · 1905
- Parker v. MooreCourt of Appeals for the Fourth Circuit · 1902
- Davis v. Jointless Fire Brick Co.Court of Appeals for the Ninth Circuit · 1924
- Marengo Abstract Co. v. Hooper & Co.Supreme Court of Alabama · 1911
- Cooper's Adm'r v. Lebus' Adm'rsCourt of Appeals of Kentucky (pre-1976) · 1935
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