Legal Opinion

Fass v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided April 15, 1909No. 7168PublishedCited by 3 opinions

Before Aldrich, J., Marion, spring term, 1908. Action by Max Pass and his wife, Theresa Pass, against Western Union Telegraph Company. Prom judgment for plaintiff, defendant appeals. Messrs.

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Before Aldrich, J., Marion, spring term, 1908. Action by Max Pass and his wife, Theresa Pass, against Western Union Telegraph Company. Prom judgment for plaintiff, defendant appeals. Messrs. Fearons, Willcox & Willcox and Davis, cite: What plaintiff must show to recover: 73 S. C., 221; 70 S. C., 422; 72 S. C., 116; 71 S. C„ 30; 72 S. C., 290, 536; 63 S. C., 425; 70 S. C., 522, 539; 75 S. C., 54, 184, 208; 76 S. C., 301. For what recover: 70 S. C., 418, 539; 72 S. C., 293; 75 S. C., 54, 208. Special damages must be alleged: 71 S. C., 30; 25 S. C., 28; 40 S. C., 524; 76 S. C., 301; 71 S. C.,…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

The plaintiffs, Max Fass and his wife, Theresa Fass, recovered judgment on a complaint alleging physical suffering and mental anguish of Theresa Fass, owing to the defendant’s negligence and wilfulness in failing to deliver a telegram. Somewhere between 2 o’clock and 4 o'clock p. m., on 7th January, 1904, Theresa Fass sent over defendánt’s line from Marion, S. C., to her husband, Max Fass, at Dillon, S. C., the following telegram: “Wire at once how feeling. Shall I return Friday morning.” This message was received in due time, and Max…

2Cases cited9 opinions

  1. Martin v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1904
  2. Willis v. West. Union Tel. Co.Supreme Court of South Carolina · 1904
  3. Town of Clinton v. LeakeSupreme Court of South Carolina · 1905
  4. Rogers v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
  5. Wesner & White Mfg. Co. v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1905

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Lundy v. Lititz Mutual InsuranceSupreme Court of South Carolina · 1957
  2. Shea v. Glens Falls Indemnity Co.Supreme Court of South Carolina · 1955
  3. Middleton v. Western U. Tel. Co.Supreme Court of Alabama · 1913

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