Berg v. Western Union Telegraph Co.
Supreme Court of South Carolina
Before Smith, J., Jasper, Ball term, 1917. Action by J. E. and Ala May Berg against the AYestern Union Telegraph Company. Judgment for defendant, and plaintiffs appeal. submits: The message, in question, was not an interstate transaction: 180 S. W. 502; 57 Ind. App. 93; 104 N. E. 771; 187 U. S. 617. As to punitive damages: Vol. I, S. C. Code, 1912, sec. 3330; 24 Bed. Stats. 379; 36 Bed.
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Before Smith, J., Jasper, Ball term, 1917. Action by J. E. and Ala May Berg against the AYestern Union Telegraph Company. Judgment for defendant, and plaintiffs appeal. submits: The message, in question, was not an interstate transaction: 180 S. W. 502; 57 Ind. App. 93; 104 N. E. 771; 187 U. S. 617. As to punitive damages: Vol. I, S. C. Code, 1912, sec. 3330; 24 Bed. Stats. 379; 36 Bed. Stats. 539; 34 Stats. 595; 191 U. S. 486; 74 So. 779; 220 U. S. 364; 234 U. S. 542. As to evidence of wilfillness: 89 S. C. 190; 92 S. C. 216; 90 S. C. 540. cite: As to actual damages under State law: 70 S. C.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice Gary.
This is an action for compensatorjr and punitive damages, on account of the defendant’s failure to deliver the following message, which was received by the defendant at Charleston, S. C., for transmission to J. S. Berg, at Ridgeland, S. C. :
“Meet eighty-nine tonight. (Signed) Ala.”
The defendant did not transmit the message directly from Charleston to Ridgeland, which places are in the State of South Carolina, but sent it to Savannah, in the State of Georgia, where it was re^ed and then transmitted to Ridgeland. At the close of…
2Cases cited14 opinions
- Hanley v. Kansas City Southern Railway Co.Supreme Court of the United States · 1903
- Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
- Western Union Telegraph Co. v. LeeCourt of Appeals of Kentucky · 1917
- Pacific Coast Steam-ship Co. v. Board of Railroad Com'rsUnited States Circuit Court · 1883
- Bateman v. Western Union Telegraph Co.Supreme Court of North Carolina · 1917
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Klippel v. Western Union Telegraph Co.Supreme Court of Kansas · 1920
- Ingram v. HughesSupreme Court of South Carolina · 1933
- King v. Western Union Telegraph Co.Supreme Court of South Carolina · 1923
- Fortier v. Western Union Telegraph Co.Louisiana Court of Appeal · 1936
- Baker v. Western Union Tel. Co.Louisiana Court of Appeal · 1922
5 more not listed; retrieve them via the Exa API.