Jones v. Western Union Telegraph Co.
Supreme Court of South Carolina
Before Townsend, J., Union, May, 1904. Action by Wm. W. Jones against Western Union Telegraph Company. From order refusing' to strike out allega-' tions in complaint, defendant appeals. cite: What are irrelevant allegations: 50 S. C., 67; 60 S. C., 390; 65 S. C., 437; 66 S. C., 134. Operator-who writes a message for sender is his agent in all matters connected with the message: 72 N. Y. S., 634; 69 S. W., 464; 16 S. E., 128; 18 S. E., 1008; 24 Fed., 119; 24 S. W., 86; 64…
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Before Townsend, J., Union, May, 1904. Action by Wm. W. Jones against Western Union Telegraph Company. From order refusing' to strike out allega-' tions in complaint, defendant appeals. cite: What are irrelevant allegations: 50 S. C., 67; 60 S. C., 390; 65 S. C., 437; 66 S. C., 134. Operator-who writes a message for sender is his agent in all matters connected with the message: 72 N. Y. S., 634; 69 S. W., 464; 16 S. E., 128; 18 S. E., 1008; 24 Fed., 119; 24 S. W., 86; 64 T'ex., 220; 63 Tex., 668. Undisclosed principal of whose interest message gives no notice cannot recover damages: 53 S. W.,…
1Opinion of the Court
The opinion of the Court was deliv-j ered by
Mr. Justice Gary.
This is an appeal from an order! refusing a motion to strike out certain allegations of the! complaint as irrelevant. Those allegations are italicized in the respective paragraphs containing them, as follows:
"III. That on the 16th day of February, 1904, the plaintiff being at Whitmire, S. C., received from his father, at Lockhart, S. C., a telegraph message announcing that the brother of plaintiff’s wife was dead — ■plaintiff’s wife being with him at Whitmire when said message was received.
“IV. That about 8 o’clock A. M., on the…
2Cited by4 opinions
- Poteet v. Western Union Tel. Co.Supreme Court of South Carolina · 1906
- Jones v. Western Union Telegraph Co.Supreme Court of South Carolina · 1906
- Baird v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
- Mitchiner v. Western Union Telegraph Co.Supreme Court of South Carolina · 1906