Butler v. Western Union Telegraph Co.
Supreme Court of South Carolina
Before Townsend, J., Richland, November, 1900. Action for damages for failure to deliver a telegram by-Jacob W. Butler against Western Union Telegraph Company.
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Before Townsend, J., Richland, November, 1900. Action for damages for failure to deliver a telegram by-Jacob W. Butler against Western Union Telegraph Company. From order overruling demurrer, defendant appeals. cite: Damages to feelings are compensatory: 8 Ency., 2 ed., 661; 34 S. C., 324. Law governing punitive damages in S. C.: 35 S. C., 486, 501; 22 Stat., 693. In actions ex contractu, punitive damages are not recoverable: 12 Ency., 2 ed., 4I0; 20 S. C., 520; 5 S. C., 358; 53 S. C., 410; 45 S. C., 344; 40 S. C., 524; Cooley on Torts, 106; Pom. Rem. & Rem. Rights, 567-573; 88 N. Y., 638; 47…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Pope.
This is an action for $1,950 damages. The cause came on to be heard before Judge Townsend upon a demurrer to the complaint, which demurrer was refused. Thereupon an appeal was taken to this Court. In order to properly understand the questions involved, it will be well to reproduce the complaint, the demurrer and the grounds of appeal. These in their order are as follows:
The complaint in its first article alleges that the defendant is a corporation under the State of New York, engaged in the business of telegraphing for hire, having…
2Cases cited3 opinions
- Simson v. . BrownNew York Court of Appeals · 1877
- Burton v. LarkinSupreme Court of Kansas · 1887
- Sherrill v. Western Union Telegraph Co.Supreme Court of North Carolina · 1891
3Cited by11 opinions
- Walker v. Queen Insurance Co.Supreme Court of South Carolina · 1926
- Johnson v. American Railway Express Co.Supreme Court of South Carolina · 1931
- McLeod v. Pacific Telephone Co.Oregon Supreme Court · 1908
- Barrus v. Western Union Telegraph Co.Utah Supreme Court · 1936
- Marsh v. Western Union Tel. Co.Supreme Court of South Carolina · 1903
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