Glover v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Gage, J., Aiken, fall term, 1906. Action by Paul B. Glover against Western Union Tel. Co. Prom judgment for plaintiff, defendant appeals. cite: No evidence here of wilfulness: 76 S. C., 301. In absence of addressee delivery to one in charge of his business or home is a proper delivery: 47 Pac., 989; 98 Ind., 569; 24 Fed., 119. Carrier is only bound to ordinary care and diligence in delivery: 69 S. C., 548; 72 S. C., 116; 74 S. C., 64. Mere delay is not evidence of…
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Before Gage, J., Aiken, fall term, 1906. Action by Paul B. Glover against Western Union Tel. Co. Prom judgment for plaintiff, defendant appeals. cite: No evidence here of wilfulness: 76 S. C., 301. In absence of addressee delivery to one in charge of his business or home is a proper delivery: 47 Pac., 989; 98 Ind., 569; 24 Fed., 119. Carrier is only bound to ordinary care and diligence in delivery: 69 S. C., 548; 72 S. C., 116; 74 S. C., 64. Mere delay is not evidence of zvilfulness: 73 S. C., 520. cite: Exceptions not stating error in refusing nezv trial zvill not be considered: 70 S. C.,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
Plaintiff brought this action for damages, actual and punitive, for mental anguish caused by the failure of defendant to promptly deliver a telegram filed at its Atlanta office on the morning of March 27, 1904, announcing to plaintiff the critical illness of his son in Atlanta, Ga.
• Defendant in its answer alleged that the telegram was transmitted to Aiken, S. C., as speedily as possible under the existing conditions that day; that the message was delivered promptly at plaintiff’s place of business, the Aiken Bottling Works, and was-…
2Cases cited8 opinions
- MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
- Pearlstine v. Westchester Fire Ins.Supreme Court of South Carolina · 1904
- State v. ThrailkillSupreme Court of South Carolina · 1905
- Roberts v. Western Union Tel Co.Supreme Court of South Carolina · 1906
- Willis v. Western Union Tel. Co.Supreme Court of South Carolina · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Goodwin v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Trapp v. Western Union Tel. Co.Supreme Court of South Carolina · 1912
- Mullaly v. SmythSupreme Court of South Carolina · 1913
- Chantry v. Pettit Motor Co.Supreme Court of South Carolina · 1930