Martin v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Hydrick, J., Greenville, July term, 1907. Action by Mary C. Martin against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. Messrs.
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Before Hydrick, J., Greenville, July term, 1907. Action by Mary C. Martin against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. Messrs. Evans and McCullough cite: Telegraph company is only responsible for those results reasonably to be anticipated: 70 S. C., 301. Custom of the company improperly ruled out: 29 Ency., 394. Duty of the company where it has no knowledge of residence of addressee and when he lives in another town: 77 S. C., 181; 74 S. C., 304; 67 S. W., 766. cite: Evidence responsive to allegations is competent: 70 S. C., 11; 77 S. C., 174, 378.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice; Woods.
The plaintiff, Mrs. Mary C. Martin, recovered a verdict of five hundred dollars for mental anguish due to the defendant’s delay in delivering the following telegram:
“Nashville, Tenn., 17.
“Mrs. J. Hamilton Martin, Greenville, S. C.:
“Your husband died in Nashville City Hospital tonight. Wire me what to do with the body.
“C. H. Goodlet.”
These were the uncontested facts appearing from the evidence:
The message was sent from Nashville, Tenn., on 17th October, 1905, and not delivered until called for at the Greenville office on 25th October.…
2Cases cited4 opinions
- Taylor v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1907
- Mauldin v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1905
- Campbell v. Western Union Telegraph Co.Supreme Court of South Carolina · 1906
- Milhous v. Southern Ry.Supreme Court of South Carolina · 1904
3Cited by7 opinions
- Mance v. StateCourt of Appeals of Georgia · 1908
- Julius Kayser & Co. v. Textron, IncorporatedCourt of Appeals for the Fourth Circuit · 1956
- Cato v. Atlanta & C. A. L. Ry. Co.Supreme Court of South Carolina · 1931
- Alexas v. Post & FlaggSupreme Court of South Carolina · 1924
- Dempsey v. Western Union Tel. Co.Supreme Court of South Carolina · 1912
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