DuBose v. Western Union Tel. Co.
Supreme Court of South Carolina
Before DantzlER, J., Florence, December, 1904. Action by W. B. DuBose against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. The latter cite: As to foundation of mental anguish: 69 S. C., 531; 39 Fed.
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Before DantzlER, J., Florence, December, 1904. Action by W. B. DuBose against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. The latter cite: As to foundation of mental anguish: 69 S. C., 531; 39 Fed. R., 181; 70 S'. C., 418, 522; 71 S. C., 29. cite: Delay in delivering telegram raise's presumption of negligence: 69 S. C., 531, 545; 70 S. C., 83, 116, 123, 423; 65 S. C., 93. Upon allegations of wilfulness punitive damages may be recovered without proof of actual dannage: 57 S. C., 325. Tims action can be maintained without regard to the mental anguish statute:…
1Opinion of the Court
January 31, 1906. The opinion of the Court was delivered by The plaintiff in this case sought to recover damages for negligent and wanton failure to promptly deliver the following telegram:
"August 20, 1904.
"To P.B. McLendon, Lamar, S.C.
"My wife dead. Burial five o'clock Sunday, Cypress Church. Phone Walter to prepare grave. W.B. DuBose."
The message was delivered to defendant's operator at Timmonsville, S.C. at 7.20 P.M., Saturday, August 20, was transmitted to Sumter, S.C. relay office, at 7.35, but, notwithstanding repeated and frequent calls for Lamar by the Sumter office, it was not…
2Cases cited5 opinions
- MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
- Arial v. West. Union Tel. Co.Supreme Court of South Carolina · 1905
- Hellams v. Western Union Tel. Co.Supreme Court of South Carolina · 1904
- Poulnot v. Western Union Tel. Co.Supreme Court of South Carolina · 1904
- Smith v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
3Cited by3 opinions
- Kirby v. Western Union Telegraph Co.Supreme Court of South Carolina · 1907
- Lyles v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
- Cameron v. Western Union Tel. Co.Supreme Court of South Carolina · 1912