Legal Opinion

Johnson v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided December 5, 1908No. 7078PublishedCited by 3 opinions

Before Hydrick, J., Greenville, July term, 1907. Action by W. H. Johnson against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. cite: Evidence as to condition of plaintiff’s sister should not have been admitted, because the company had no notice of it: 73 S- C.. 218; 75 S- C., 182, 208, 5201; 76 S. C., 301. New trial nisi upon conditions erroneous: Code 1902, sec. 2734; 57 S. C., 395. cite: Evidence as to condition of plaintiff’s sister was…

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Before Hydrick, J., Greenville, July term, 1907. Action by W. H. Johnson against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. cite: Evidence as to condition of plaintiff’s sister should not have been admitted, because the company had no notice of it: 73 S- C.. 218; 75 S- C., 182, 208, 5201; 76 S. C., 301. New trial nisi upon conditions erroneous: Code 1902, sec. 2734; 57 S. C., 395. cite: Evidence as to condition of plaintiff’s sister was admissible under the allegation of wantonness: 54 S. C., 498; 65 S-. C., 97, 570; 506. There was evidence here tending…

1Opinion of the Court

The opinion of the Court was delivered by. Mr. Justice; Gary.

This is an action for damages, alleged to have been sustained by the plaintiff through the negligence, wilfulness and wantonness of the defendant in failing to deliver a telegram.

On the 3d of October, 1904, at 4:06 p. m., the following message was filed with the agent of the defendant at Tan-caster, S. C.:

“To W. H. Johnson, Pickens, S. C.: Come at once. Outrage committed upon sister. Joseph Johnson. Dictated by W. I. Williams.”

The jury rendered a verdict in favor of the plaintiff for $939.

In disposing of a motion for a new trial his…

2Cases cited2 opinions

  1. Poulnot v. Western Union Tel. Co.Supreme Court of South Carolina · 1904
  2. Walker v. Western Union Tel. Co.Supreme Court of South Carolina · 1906

3Cited by3 opinions

  1. Martin v. StateCourt of Appeals of Georgia · 1909
  2. Glenn v. Western Union Tel. Co.Supreme Court of South Carolina · 1909
  3. Garner v. Western Union Tel. Co.Supreme Court of South Carolina · 1910

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