Legal Opinion

Cobb v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided April 4, 1910No. 7533PublishedCited by 2 opinions

Before Shipp, J., Greenville, March, 1909. Action by A. A. Cobb against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. cite: Mental anguish incidental to information; 70 S. C., 422; 72 S. C., 120, 294; 73 S. C., 220. Negligence not proximate cause of injury: 69 S. C., 531; 72 S. C., 522; 76 S. C., 536; 27 S. W., 52; 78 S. W. 492. cite: Negligence was shown: 69 S. C,, 550 ; 76 S. C., 306; 77 S. C., 62. There was evidence of damages: 81 S. C.,…

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Before Shipp, J., Greenville, March, 1909. Action by A. A. Cobb against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. cite: Mental anguish incidental to information; 70 S. C., 422; 72 S. C., 120, 294; 73 S. C., 220. Negligence not proximate cause of injury: 69 S. C., 531; 72 S. C., 522; 76 S. C., 536; 27 S. W., 52; 78 S. W. 492. cite: Negligence was shown: 69 S. C,, 550 ; 76 S. C., 306; 77 S. C., 62. There was evidence of damages: 81 S. C., 239; 72 S. C., 523; 70 S. C., 424. Duty of plaintiff: 77 S. C., 61. Charge construed as whole did not mislead jury: 83…

1Opinion of the Court

The opinion of the Court was- delivered by

Mr. Justice Woods.

This appeal is from a judgment of $150 for mental anguish. The plaintiff, who lived at Belton, South Carolina, was the grandfather of the little child, Cathleen Barry, who lived at Tucapau, South Carolina, with her father and mother. On February 26, 1907, a telegram was delivered to defendant’s agent at Welford, South Carolina, for Charles Barry, Cathleen’s father, in these words:

“Time filed — -3 :30 p. m. Check — Pd. 25 cents.
“Welford, S. C., February 26, 1907.
“To A. A. Cobb, Belton, S. C.:
“Cathleen is dead. Come at once.
“Charles…

2Cases cited3 opinions

  1. Willis v. West. Union Tel. Co.Supreme Court of South Carolina · 1904
  2. Hughes v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
  3. Puryear v. OuldSupreme Court of South Carolina · 1908

3Cited by2 opinions

  1. Bing v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1910
  2. Harper v. Weston Union Telegraph Co.Supreme Court of South Carolina · 1925

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