Marsh v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Watts, J., Union, June, 1902. Action by Arthur Marsh against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. cite: Plaintiff’s physical injuries are too remote: 8 Ency., 2 eel., 561, 571, 574, 583, 584; 41 N. Y., 544;-Eng. Ent.
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Before Watts, J., Union, June, 1902. Action by Arthur Marsh against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. cite: Plaintiff’s physical injuries are too remote: 8 Ency., 2 eel., 561, 571, 574, 583, 584; 41 N. Y., 544;-Eng. Ent. St., sec. 113; 40 S. C., 524; 46 N. E., 358; 13 S. W., 169; 61 S. W., 421. The mental anguish damages should be limited to failure to attend funeral: 33 S. C., 189; 47 S. C., 301. Punitive damages were not justiñed by the pleadings, law or testimony: 34 S. C., 62; 45 S. C., 392; 16 Ency., 392; 64 S. C., 492. Verdict was without…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
Statement of facts. — This is an action for damages, alleged 'to have been sustained by the plaintiff through the negligence and wantonness of the defendant in failing to deliver a telegram. The allegations of the complaint necessary to a full understanding of the questions at issue, are as follows:
“III. That on February 24th, 1901, plaintiff was, and has been for some time, living at Union, S. C.; and his mother, Mrs. Mollie Marsh, was at Gaffney, S. C. That on said day, in the forenoon, the said Mrs. Mollie Marsh, the mother of the…
2Cases cited4 opinions
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- Lewis v. Western Union Telegraph Co.Supreme Court of South Carolina · 1900
- Butler v. Western Union Telegraph Co.Supreme Court of South Carolina · 1901
- Gillman v. Florida Cent. & Pen. R. R.Supreme Court of South Carolina · 1898
3Cited by3 opinions
- MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
- Brickman v. Southern RailwaySupreme Court of South Carolina · 1906
- Hellams v. Western Union Tel. Co.Supreme Court of South Carolina · 1904