Baird v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Klugh, J., Spartanburg, Action by H. S. Baird against Western Union Telegraph Company. From order refusing.-motion to strike out certain allegations of the complaint and overruling demurrer, defendant appeals. Messrs.
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Before Klugh, J., Spartanburg, Action by H. S. Baird against Western Union Telegraph Company. From order refusing.-motion to strike out certain allegations of the complaint and overruling demurrer, defendant appeals. Messrs. Willcox & Willcox and Davis cite: Ta make telegraph company liable it should have had notice of special circumstances: 40 S'. C., 534; 71 S. C, 39'; 70 9. C., 540; 73 S, C., 390; 75 '9. €., 308; 76 S. C., 301; 71 S. C., 83, 311; 74 S. €., 386; 65 & C., 490'. cite: Financial embarrassment is admissible to show damages: 73 S. C., 31, 340; 60 S. C., 353. Failure of delivery…
1Concurring in part, dissenting in partJustice Woods
1‘ I concur in tire opinion that the portions of the fourth and sixth paragraphs! of the -complaint italicized in the opinion of Mr. Justice Gary should he struck out, not -because they are allegations of probative matter, but because they are entirety irrelevant, and proof of them should not be admitted.
These allegations set up special consequential damages. Damages- beyond the amlount of the 'check cam not be recovered, because there was no notice on the face of the telegram, or otherwise, that anything, more than the amount of tire check was involved in prompt and accurate transmission of…
2Cases cited8 opinions
- Wallace v. ColumbiaSupreme Court of South Carolina · 1891
- Hays v. Western Union Tel. Co.Supreme Court of South Carolina · 1904
- Mood v. W. U. Telegraph Co.Supreme Court of South Carolina · 1894
- Town of Clinton v. LeakeSupreme Court of South Carolina · 1905
- Traywick v. Southern RailwaySupreme Court of South Carolina · 1905
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