Legal Opinion

Fail v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided April 22, 1908No. 6894PublishedCited by 3 opinions

Before Hydrick, J., Bamberg, Winter Term, 1907. Action by W. H. Fail against Western Union Tel'. Cot From judgment for plaintiff, defendant appeals.

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Before Hydrick, J., Bamberg, Winter Term, 1907. Action by W. H. Fail against Western Union Tel'. Cot From judgment for plaintiff, defendant appeals. No citations. cites: Agency of Sales was for jury: 26' S. C., 34; 7d S. C., 273; 1 Fncy., 967; 56 S. C., 126; 61 S. C, 292; 71 $. C., 386; 76 S. C., 529; 75 St C., 272. This action is ex delicto and may be maintained without reference to the law of Georgia: 75 S. C., 512; 70 S. C., 83; 72 S. C., 516; 71 S. C„ 386. The opinion in this case was filed March 18th, but remittitur held up on petition for rehearing until

1Opinion of the Court

April 22, 1908. The opinion of the Court was delivered by The plaintiff brought this action against the defendant company and W.C. Sales to recover damages for alleged negligent and wilful delay in transmitting and delivering a message from his father announcing the death of his mother and bidding him come at once. The jury rendered a verdict for five hundred dollars as compensatory damages for mental anguish.

In considering the defendant's appeal from the judgment rendered, we notice, first, the exceptions based upon the refusal to grant motion for a new trial, made upon the ground that there…

2Cases cited4 opinions

  1. Sonneborn v. Southern RailwaySupreme Court of South Carolina · 1903
  2. Bolton v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
  3. Walker v. Western Union Tel. Co.Supreme Court of South Carolina · 1906
  4. Harzburg v. Southern Ry. Co.Supreme Court of South Carolina · 1903

3Cited by3 opinions

  1. Baker v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
  2. Brown v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
  3. Gossett v. Western Union Tel. Co.Supreme Court of South Carolina · 1913

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