Legal Opinion

Gossett v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided September 8, 1913No. 8643Published

Before Shipp, J., February term, Anderson, 1913. Action by Alice and W. G. Gossett against Western Union Telegraph Company. Defendant appeals.

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Before Shipp, J., February term, Anderson, 1913. Action by Alice and W. G. Gossett against Western Union Telegraph Company. Defendant appeals. So1 much of the charge as is questioned is: “It is alleged that the charges claimed by the company were paid on this telegram and the telegram was received for prompt transmission; that the telegram was not delivered until on November the first, and too late to enable the plaintiff to come to- Anderson to attend the funeral of T. C. Abbott, who is alleged to- be the father of the plaintiff in- the case, Mrs. Alice Gossett. And it is alleged that they…

1Opinion of the Court

The opinion oí the Court was delivered by

Mr. Justice Watts.

This was an action by plaintiffs against the defendant for mental anguish, caused by failure to deliver promptly to plaintiff’s husband a telegram, announcing the death of her father. The action was both for actual and punitive damages, the cause was heard by his Honor, Judge Shipp, and a jury, at the February term of the Court, 1913, and at the close of the evidence the plaintiffs withdrew from the jury the question of punitive damages. The jury found for the plaintiffs $1,500, and the Judge granted a new trial, unless the plaintiffs…

2Cases cited5 opinions

  1. Roberts v. Western Union Tel Co.Supreme Court of South Carolina · 1906
  2. Tinsley v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
  3. Hughes v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
  4. Mercer v. Southern Ry.Supreme Court of South Carolina · 1903
  5. Fail v. Western Union Tel. Co.Supreme Court of South Carolina · 1908

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