Garner v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Wilson, J., Oconee, March Term, 1910. Action by Thomas- J. Garner against Western Union Telegraph Company, From order of nonsuit, plaintiff appeals. cites: Message carried notice of its importance and that mental suffering would result from delay: 72 S. 'C. 530; 77 S. C. 174; 82 S. C. 461; 26 Stat. 85. Where the evidence is conflicting or more than one inference can be drawn the issue is for the fury: 82 S. C. 547; 83 S. C. '325; 84 S. C. 293;. 82 S. C. 247. Proximate…
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Before Wilson, J., Oconee, March Term, 1910. Action by Thomas- J. Garner against Western Union Telegraph Company, From order of nonsuit, plaintiff appeals. cites: Message carried notice of its importance and that mental suffering would result from delay: 72 S. 'C. 530; 77 S. C. 174; 82 S. C. 461; 26 Stat. 85. Where the evidence is conflicting or more than one inference can be drawn the issue is for the fury: 82 S. C. 547; 83 S. C. '325; 84 S. C. 293;. 82 S. C. 247. Proximate cause is also for the jury: 63 S. C. 130; 78 S. C. 384; 83 S. C. 66; 81 S. C. 303.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff appeals from an order of nonsuit in this action, in which he seeks to recover actual and punitive damages for defendant’s failure to transmit and deliver to him, within a reasonable time, a message from his father at Clinton, S. C., addressed to him at Seneca, S. C., as follows: “Mother is dead. Bury at Laurens tomorrow afternoon four o’clock.”
The substance of the testimony was as follows: For plaintiff: C. R. Garner, plaintiff’s father: Filed message at Clinton about 6 :30 p. m., September 1, 1909. Told agent to get it…
2Cases cited7 opinions
- Joyner v. South Carolina Railway Co.Supreme Court of South Carolina · 1887
- Baker v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
- Ritter v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Martin v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
- Glenn v. Western Union Tel. Co.Supreme Court of South Carolina · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cato v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1931
- Adams v. GJ Creel and Sons, Inc.Supreme Court of South Carolina · 1995