Legal Opinion

Bird v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided March 22, 1907PublishedCited by 6 opinions

Before Memminger, J., Cherokee, April, 1906. Action by D. R. Bird against Western Union Tel. Co. From judgment of nonsuit, plaintiff appeals. cites: Nonsuit should not be granted if there is scintilla of evidence: 44 S. C., 315; 48 S. C., 421; 68 S. C., 403; 75 S. C., 187; 69 S. C., 545; 25 Ency., 831. There vitas a scintilla as to damages here: 25 Ency., 854; 139 U. $., 199; 70 S. C., 19; 58 S. C., 373; 53 S. C., 410; 60 S. C., 212. No argument furnished Reporter.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This appeal is from an order of nonsuit in an action to- recover damages for an alleged loss arising from delay in transmitting a 'business telegram.

Taking as true the testimony of the plaintiff, these facts were before the Court: The plaintiff, a merchant, had failed in business at Blacksburg and had filed his petition in bankruptcy. The trustee in bankruptcy advertised the stock of goods for sale to the highest bidder. While the evidence on the point is vague, we infer the plan adopted was to' take private bids, the requirement…

2Cases cited4 opinions

  1. Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
  2. Hays v. Western Union Tel. Co.Supreme Court of South Carolina · 1904
  3. Wallingford v. West. Union Tel. Co.Supreme Court of South Carolina · 1901
  4. Harmon v. Western Union Tel. Co.Supreme Court of South Carolina · 1903

3Cited by6 opinions

  1. Greenwood County v. Duke Power Co.Court of Appeals for the Fourth Circuit · 1939
  2. Currie v. Davis, Agent, Etc.Supreme Court of South Carolina · 1923
  3. Central La. Elec. Co. v. Pointe Coupee Elec. Mem. Corp.Louisiana Court of Appeal · 1966
  4. McMeekin v. Southern Ry.Supreme Court of South Carolina · 1909
  5. Duke Power Co. v. Greenwood CountyDistrict Court, W.D. South Carolina · 1938

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