Butler v. Western Union Tel. Co.
Supreme Court of South Carolina
Action by C. P. Butler against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. Messrs. Evans & Pinley and Jos.
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Action by C. P. Butler against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. Messrs. Evans & Pinley and Jos. A. McCullough cite: Telegraph company is only liable for such damages as could reasonably be anticipated: 72 S. C., 290, 120; 70 S. C., 422. If there be an effort to deliver there is no basis for punitive damages for failure to deliver: 72 S. C., 119; 73 S. C., 523; 65 S. C., 93; 75 S. C., 182. If relationship be by affinity proof of peculiar tender relations and notice thereof is necessary: 27 Ency., 1065; 90 Am. St. R., 92; note 68 Am. Sa. R., 826; 54 S.…
1Opinion of the Court
The opinion of the Court was' delivered by
Mr. Justice Gary.
This case arises out of the failure to deliver a telegram, promptly.
The complaint in substance alleges that on Novemer 19, 1904, C. P. Butler, brother-in-law of W. C. Foster, delivered to the 'defendant’s agent at Greenville, a telegram signed by him and addressed to W. C. Foster, at Greer, S. C., reading, “My wife is dead, let Ash know, come tonight;” that the charges were prepaid and the defendant undertook to transmit and deliver the telegram; that the message itself notified the defendant of the urgent necessity for.prompt…
2Cases cited6 opinions
- Arial v. West. Union Tel. Co.Supreme Court of South Carolina · 1905
- Roberts v. Western Union Tel Co.Supreme Court of South Carolina · 1906
- Mood v. W. U. Telegraph Co.Supreme Court of South Carolina · 1894
- Young v. Western Union Tel. Co.Supreme Court of South Carolina · 1903
- Traywick v. Southern RailwaySupreme Court of South Carolina · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Western Union Telegraph Co. v. ReevesSupreme Court of Oklahoma · 1912
- Johnson v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
- Black v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
- Glenn v. Western Union Tel. Co.Supreme Court of South Carolina · 1909
- Mulligan v. Southern Ry.Supreme Court of South Carolina · 1909
4 more not listed; retrieve them via the Exa API.