MacHen v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Gary, J., Laurens, October term', 1904. Action by J. S’. Machen against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. The former cite: Declaration of agent irrelevant: 70' S-. C., 16. Nonsuit should have been granted on whole case: 70' S. C., 422. There being no> evidence of intentional wrong, nonsuit should have been granted: 3 Wait.
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Before Gary, J., Laurens, October term', 1904. Action by J. S’. Machen against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals. The former cite: Declaration of agent irrelevant: 70' S-. C., 16. Nonsuit should have been granted on whole case: 70' S. C., 422. There being no> evidence of intentional wrong, nonsuit should have been granted: 3 Wait. P'rac., 160; 64 S;. C., 492; 69 S. C., 550; 66 S. C., 542; 35 S. C., 486; 69 S'. C., 453; 25 Ency., 865. cite: Opinion evidence based on facts stated is competeirt: 69 S. C., 531. It zms proper to1 refuse the nonsuit: 65 S.…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This action was brought for dam ages for negligent and wilful misconduct in failing to deliver a telegram announcing the death of plaintiff’s father. The message: was delivered to' defendant company at Honea Path, S. C., on August 14th, at about 4 P. M., and was transmitted to Laurens through one or more relay offices, reaching Laurens at about 5.30' P. M. The plaintiff resided in the town of Laurens and had been conducting a milling business there for three years. When the message was delivered to the messenger boy, he carried it to…
2Cases cited11 opinions
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- Garrick v. Florida Central & Peninsular R. R.Supreme Court of South Carolina · 1898
- Easler v. Southern Railway Co.Supreme Court of South Carolina · 1901
- Gosa v. Southern Ry.Supreme Court of South Carolina · 1903
- Young v. Western Union Tel. Co.Supreme Court of South Carolina · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ford v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1932
- McCown v. MuldrowSupreme Court of South Carolina · 1912
- Taylor v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1908
- Baldwin v. Postal Telegraph Cable Co.Supreme Court of South Carolina · 1907
- Payne v. CohenSupreme Court of South Carolina · 1933
18 more not listed; retrieve them via the Exa API.