Owen v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Memmingrr, J., Hampton, Fall term, 1910. Action by Katie E. Owen and A. E. Owen against the Western Union Telegraph Company. Defendant appeals on the following exceptions: I. “Because his Honor erred, after hearing affidavit of E. E. Warren, in forcing defendant to trial in the absence of its witnesses, because: “(a) The testimony of said witnesses was material, as appears by said affidavit.
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Before Memmingrr, J., Hampton, Fall term, 1910. Action by Katie E. Owen and A. E. Owen against the Western Union Telegraph Company. Defendant appeals on the following exceptions: I. “Because his Honor erred, after hearing affidavit of E. E. Warren, in forcing defendant to trial in the absence of its witnesses, because: “(a) The testimony of said witnesses was material, as appears by said affidavit. “(b) Because due diligence had been exercised in endeavoring to secure’ the attendance of said witnesses, as appears by said affidavit. “(c) Because it was an abuse of his discretion, this being…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages, alleged to 'have been sustained by the plaintiffs, through the wrongful acts of the defendant, in failing to deliver a telegram, within a reasonable time.
The allegation's of the complaint, material to the questions involved, are as follows:
That on the 15th of May, 1908, the plaintiff’s daughter, Daisy, became suddenly ill, at Yemassee, their home. That the plaintiff, Katie D. Owen, was at that time, on a visit to relatives in Savannah, Georgia. That about 8 :30 a. m. the plaintiff delivered to the…
2Cases cited2 opinions
- MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
- Carter v. Western Union Tel. Co.Supreme Court of South Carolina · 1906