Mitchiner v. Western Union Telegraph Co.
Supreme Court of South Carolina
Before Memminger, J., Abbeville, October Term, 1905. Action by D. R. Mitchiner against Western Union Telegraph Co. From, judgment for plaintiff, defendant appeals, cite: There was no1 evidence of wilfulness: 70 S. C., 528; 71 S. C., 303; 29 S. C., 202; 6 S. C., 185; 16 S. C., 153; 72 S. C., 256. Operator cannot make a special contract binding on company: 70 S. C., 16, 528; 71 S. C., 303. Company had no notice that baby was nourished artificially: 70 S. C., 539; Smith v. Tel.
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Before Memminger, J., Abbeville, October Term, 1905. Action by D. R. Mitchiner against Western Union Telegraph Co. From, judgment for plaintiff, defendant appeals, cite: There was no1 evidence of wilfulness: 70 S. C., 528; 71 S. C., 303; 29 S. C., 202; 6 S. C., 185; 16 S. C., 153; 72 S. C., 256. Operator cannot make a special contract binding on company: 70 S. C., 16, 528; 71 S. C., 303. Company had no notice that baby was nourished artificially: 70 S. C., 539; Smith v. Tel. Co. cites: Fvidence as lo feeding baby on artificial food competent: 60 S. C., 9; 44 U. R. A., 285. Delay in…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This is the second appeal in this case, the former appeal being reported in 70’ S'. C., 522. The plaintiff seeks to1 recover damages for mental anguish alleged to have resulted from defendant’s negligence and wilfulness in failing'to promptly deliver a message filed on April 2d, 1903, for S. E. Bell, with defendant’s agent at Richland, Ga., for transmission to plaintiff at Abbeville, S. C., in these words: “Do not come to-morrow. Small-pox at Lumpkin. Will write.” Plaintiff’s wife with baby was about to visit Lumpkin-, Ga., expected…
2Cases cited3 opinions
- Willis v. West. Union Tel. Co.Supreme Court of South Carolina · 1904
- Young v. Western Union Tel. Co.Supreme Court of South Carolina · 1903
- Jones v. Western Union Telegraph Co.Supreme Court of South Carolina · 1905