Anderson v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Gage, J., Colleton, Fall term, 1907. Action by Mary J. Anderson against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals on the following exceptions: 1. “Because the Circuit Judge erred' in declining to hear motion of defendant’s attorney to strike out the words ‘negligently and carelessly’ in paragraphs four and six, and the word's ‘gross and reckless negligence’ in paragraph seven and the words ‘in consequence of defendant’s gross…
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Before Gage, J., Colleton, Fall term, 1907. Action by Mary J. Anderson against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals on the following exceptions: 1. “Because the Circuit Judge erred' in declining to hear motion of defendant’s attorney to strike out the words ‘negligently and carelessly’ in paragraphs four and six, and the word's ‘gross and reckless negligence’ in paragraph seven and the words ‘in consequence of defendant’s gross carelessness and negligence’ in paragraph eight of the complaint; said words having been irrelevant, the said defendant was…
1Opinion of the Court
The opinion in this case was first filed on February 22d, but remittitur held up on petition for rehearing until
March 9, 1910. The opinion of the Court was delivered by This is an action for damages alleged to have been sustained by the plaintiff through the wrongful acts of the defendant in failing to deliver a telegram.
The allegations of the complaint, material to the questions under consideration, are as follows:
"That on September 10, 1904, one J.P.B. O'Neil wrote a telegram directed to this plaintiff, in the care of J.F. Lucas, with whom this plaintiff was then living, at Walterboro, S.C.…
2Cases cited6 opinions
- Martin v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1904
- Ragsdale v. Southern Ry.Supreme Court of South Carolina · 1901
- Dent v. South Bound R. R.Supreme Court of South Carolina · 1901
- Traywick v. Southern RailwaySupreme Court of South Carolina · 1905
- Blowers v. Southern Ry.Supreme Court of South Carolina · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Merrill v. BartonSupreme Court of South Carolina · 1967
- Pittman v. GallowayCourt of Appeals of South Carolina · 1984
- Walker v. QuinnSupreme Court of South Carolina · 1926