Legal Opinion

Mims v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided April 9, 1909No. 7127PublishedCited by 1 opinion

Before Klugh, ]., Greenville, March term, 1908. Action by Paul Mims against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. Messrs. McCullough and Evans cite: Memoranda evidence improperly admitted: Joyce on Elec. E-, Par. 1039. Agent in writing message was agent of sender: 27 Ency., 1033 ; 64 Tex., 220>; 63 Tex., 668; 90 S. W., 610; 74 Am.

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Before Klugh, ]., Greenville, March term, 1908. Action by Paul Mims against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. Messrs. McCullough and Evans cite: Memoranda evidence improperly admitted: Joyce on Elec. E-, Par. 1039. Agent in writing message was agent of sender: 27 Ency., 1033 ; 64 Tex., 220>; 63 Tex., 668; 90 S. W., 610; 74 Am. St. R., 394; 78 S. C., 424 ; 24 S. W., 86; 24 Fed., 119; 18 S. E., 1008; 16 S. E., 128; 69 S. W., 464; 72 N. Y. Supp., 634; 70 S. C., 543. cite: In writing the message the agent was the agent of the company: 27 Ency.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This appeal is from a judgment in favor of the plaintiff for mental anguish, arising from the failure to deliver a telegram. The complaint thus sets out the telegram and the relationship of the parties:

“That on September 26, 1903, Plarrison Mims, father of the plaintiff, delivered to the agent of the defendant company at Greenville, South Carolina, a certain telegram signed by him and addressed to the plaintiff, Paul Mims, care Columbia Hotel, Columbia, South Carolina, and reading in substance as follows: ‘Your Brother Frank died…

2Cases cited2 opinions

  1. Bowie v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
  2. Carroll v. Southern Express Co.Supreme Court of South Carolina · 1892

3Cited by1 opinion

  1. Simpson v. Western Union Telegraph Co.Supreme Court of South Carolina · 1916

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