Teague v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Watts, J., Spartanburg, July, 1911. Action by Alfred Teague against Western) Union Telegraph Company. Defendant appeals. Messrs. Nelson, Nelson & Gettys cite: The office hours were reasonable: 71 S. C. 303; 70 S. C.,258; 90 S-. C. 132; 37 Cyc. 1744, note 00. There was no evidence of waiver: 71 S'. C. 386; 73 S. C. 522. Delay in delivery was not the proximate cause of any damage to plaintiff: 90 S. C. 133.
1Opinion of the Court
The opinion of the Court! was delivered: by
Mr. Chief Justice Gary.
This was an 'action for damages, alleged to have been sutaiinfed by the plaintiff, through the negligence 'and intentional wrong on the part oif the defendant, in failing to deliver the following telegram, within a- reasonable time:
“Marshall, N. C. Alfred Teague, Clinton, S. G. Father died last night; funeral tomorrow ten o’clock. R. S. Teague.”
The defendant denied the material 'allegations of the eom- . plaint, set up the defense of contributory negligence1, 'and the further defense, “that it had established as its Sunday…
2Cases cited2 opinions
- Bonner v. Western Union Telegraph Co.Supreme Court of South Carolina · 1905
- Knight v. Southern Ry.Supreme Court of South Carolina · 1910
3Cited by1 opinion
- Clark v. Southeastern Life Ins.Supreme Court of South Carolina · 1915