Legal Opinion
Carter v. Western Union Tel. Co.
Supreme Court of South Carolina
Decided March 7, 1906PublishedCited by 5 opinions
Before DanTzler, J., Florence, December, 1904. Action by John Carter against Western Union Telegraph Company. Prom' judgment for plaintiff, defendant appeals. The latter cite: Allegation of no preparation will not give foundation for damages for mental anguish: 71 S. C., 39; 70 S. C., 343 ; 39 Ped. R., 181. New trial should have been granted: 69 S'. C., 536. (oral argument).
1Opinion of the Court
March 7. The opinion of the Court was delivered by The exceptions assign error on the part of his Honor, the Circuit Judge, in overruling the demurrer to the complaint, and in refusing the motions for a nonsuit and new trial. The complaint contains the following allegations:
"That on the 19th day of September, 1902, between the hours of 7 and 8 in the morning, the plaintiff delivered to the defendant's agent at Lynchburg, S.C. in regard to the death of plaintiff's mother, the following message:
"`Lynchburg, S.C. Sept. 16, 1902.
"`To Millard Carter, Effingham, S.C. Will bring mother on ten…
2Cases cited1 opinion
- MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
3Cited by5 opinions
- McCown v. MuldrowSupreme Court of South Carolina · 1912
- Lyles v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
- Einbinder v. Western Union Telegraph Co.Supreme Court of South Carolina · 1944
- Owen v. Western Union Tel. Co.Supreme Court of South Carolina · 1911
- Penn v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1919