Roberts v. Western Union Tel Co.
Supreme Court of South Carolina
Before Frank B. Gary, special Judge, Cherokee, November,' 1904. Action by Jennie Roberts against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals.
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Before Frank B. Gary, special Judge, Cherokee, November,' 1904. Action by Jennie Roberts against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. The latter cite: Judge should have submitted to jury, would an ordinary human being have suffered under like circmnstames: 69 S. C., 538; 62 Ala., 180; 56 Ala., 292. If plaintiff did not intend to attend the funeral, defendant is not liable for anguish arising from not attending: 27 Fncy., 1076. The former cite: Conversation between witness and operator not prejudicial to appellant: 54 S. C., 314; 52 S. C., 453, 319;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
The plaintiff recovered judgment for mental anguish arising from the failure of the defendant to deliver to her promptly the following telegram:
“Toccoa, Ga., 1-1-24. To Mrs. Jennie Roberts, Blacks-burg, S. C. Fannie will not live but a few hours.
“W. E. Aeree.”
1 The plaintiff lived in Blacksburg, S. C., and the telegram referred to the illness of her sister at Toccoa, Ga. The defendant’s Sunday office hours at Blacksburg were from 8 to 10 A. M. and from 4 to 6 P. M., but the operator was also railroad agent, and being at the office as…
2Cases cited1 opinion
- Young v. Western Union Tel. Co.Supreme Court of South Carolina · 1903
3Cited by17 opinions
- McCown v. MuldrowSupreme Court of South Carolina · 1912
- Doster v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
- Bolton v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
- Butler v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
- Black v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1909
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