Legal Opinion

Jones v. Western Union Telegraph Co.

Supreme Court of South Carolina

Decided February 21, 1905PublishedCited by 4 opinions

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

  1. Poteet v. Western Union Tel. Co.Supreme Court of South Carolina · 1906
  2. Jones v. Western Union Telegraph Co.Supreme Court of South Carolina · 1906
  3. Baird v. Western Union Tel. Co.Supreme Court of South Carolina · 1908
  4. Mitchiner v. Western Union Telegraph Co.Supreme Court of South Carolina · 1906

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