Fass v. Western Union Tel. Co.
Supreme Court of South Carolina
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
- Martin v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1904
- Willis v. West. Union Tel. Co.Supreme Court of South Carolina · 1904
- Town of Clinton v. LeakeSupreme Court of South Carolina · 1905
- Rogers v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
- Wesner & White Mfg. Co. v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1905
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3Cited by3 opinions
- Lundy v. Lititz Mutual InsuranceSupreme Court of South Carolina · 1957
- Shea v. Glens Falls Indemnity Co.Supreme Court of South Carolina · 1955
- Middleton v. Western U. Tel. Co.Supreme Court of Alabama · 1913