Mills v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Hydrick, J., Lancaster, October, 1908. Action by Eureka Cotton Mills against Western Union Telegraph Company. Defendant appeals.
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Before Hydrick, J., Lancaster, October, 1908. Action by Eureka Cotton Mills against Western Union Telegraph Company. Defendant appeals. The English rule is that telegraph company is independent carrier: 87 Tenn. 554, 756; 11 S. W. 783; 4 L. R. A. 660; 30 L. R. A. 444; 62 S. W. 1119. Measure of damages: 78 S. C. 427. No interest should be allowed in actions in tort: 70 S. C. 83; 71 S. C. 386; 72 S. C. 516; 4 McC. 392. cite: Telegraph company is the agent of the sender: 27 Ency. 1092 and cases cited; 51 S. E. 290; 46 S. E. 826; 40 S. E. 815; 35 Pa. St. 298; 78 Am. Dec. 338; 40 Wis. 431; 27…
1Opinion of the Court
The opinion in this case was filed on March 21, 1911, but held up on petition for rehearing until
The opinion of the Court was delivered by
Judge Robert Ardrich, acting Associate Justice in place of Mr. Justice Hydrick, disqualified..
This was an action for damages alleged to have been .sustained by plaintiff as the result of the erroneous transmission by the defendant of a message from Eureka Cotton-Mills, Lancaster, S. C., to Jenckes Spinning Company, Pawtucket, R. I., and was commenced by the service of a summons and complaint on the defendant on the 17th day of August, 1907. The cause came…
2Cited by9 opinions
- Spence v. Spence Ex Rel. SpenceSupreme Court of South Carolina · 2006
- Fischer v. ChisholmSupreme Court of South Carolina · 1931
- Poor v. Western Union Telegraph Co.Missouri Court of Appeals · 1917
- Harper v. Weston Union Telegraph Co.Supreme Court of South Carolina · 1925
- Tyler v. Sovereign Camp, W. O. WSupreme Court of South Carolina · 1935
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