Voyles v. Postal Telegraph Cable Co.
Supreme Court of South Carolina
Before Watts, J., Oconee, Action by Stephen Baldwin against Postal Telegraph Cable Company. From judgment for plaintiff, defendant appeals.
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Before Watts, J., Oconee, Action by Stephen Baldwin against Postal Telegraph Cable Company. From judgment for plaintiff, defendant appeals. Mr. Carey cites-: In a suit for wilfulness verdict for actual damages should not be given in absence of proof of wilfulncss: 61 S. C., 186; 64 S. C., 495; 68 S. C., 98; 69 S. C., 333; 71 S. C., 104. In absence of proof of wilfulness, nonsuit should have been granted: 70 S. C., 538; 71 S. C., 153. And because plaintiff cannot avoid his contract under proof here: 71 S. C., 153. And because action can only be maintained by grantee or devisee of deceased: 71…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
This case and the case of Stephen Baldwin against Postal Telegraph Cable Company were tried together in the Circuit Court, and on appeal in this Court. The allegations of trespass on which the plaintiffs recovered judgment are identical. The questions common to both cases are considered and decided in the Baldwin case, but the exceptions in this case raise other questions which it is more convenient to consider separately.
1 The original plaintiff, J. A. Voyles, the owner of the land, died after the commencement of the action, and it…
2Cases cited5 opinions
- Delleney v. Winnsboro Granite Co.Supreme Court of South Carolina · 1905
- Burnett v. Postal Telegraph Cable Co.Supreme Court of South Carolina · 1905
- Shull v. CaughmanSupreme Court of South Carolina · 1898
- Anderson v. BaughmanSupreme Court of South Carolina · 1904
- Mason v. Postal Telegraph Cable Co.Supreme Court of South Carolina · 1905