Legal Opinion

Willis v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided March 1, 1906PublishedCited by 17 opinions

Before Watts, J., Cherokee. Action by James A. Willis against Western Union Telegraph Company. From' judgment for plaintiff, defendant appeals. cite: State of mind of plaintiff is incompetent: 69 S. C., 598; Jones w Tel.

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Before Watts, J., Cherokee. Action by James A. Willis against Western Union Telegraph Company. From' judgment for plaintiff, defendant appeals. cite: State of mind of plaintiff is incompetent: 69 S. C., 598; Jones w Tel. Co., 71 S'. C.; Joyce on Dam., sec. 1014-; 58 S'. C., 210. Remarks of Judge charge on facts: 35 S'. E., 283. Intent with which act was done is admissible: 8 Ency., 693. Party injured should avert or minimise harmful consequences: 69 S. C., 537. No ground for punitive damages: 69 S. C., 445; 54 S-. C., 498; Joyce on Dam., sec. 119; 65 S. C., 4301 cite: Plaintiff properly…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Woods.

This action is for damages, actual and punitive, on account of mental anguish caused by the failure to transmit and deliver a telegram. There was a former appeal from a judgment for the plaintiff, in which a new trial was ordered — 69 S. C., 531. Upon the second trial plaintiff again recovered a verdict and defendant appeals.

These facts testified to by plaintiff and his father seem to be undisputed: The plaintiff received at Gaffney, where he resided, a telegram from his father summoning him to Blackville, the home of his parents, on…

2Cases cited2 opinions

  1. Young v. Western Union Tel. Co.Supreme Court of South Carolina · 1903
  2. State v. MarchbanksSupreme Court of South Carolina · 1901

3Cited by17 opinions

  1. Powers v. RawlsSupreme Court of South Carolina · 1922
  2. Lusk v. State Highway DepartmentSupreme Court of South Carolina · 1936
  3. Latimer v. General Electric Co.Supreme Court of South Carolina · 1908
  4. Sumter Trust Co. v. HolmanSupreme Court of South Carolina · 1926
  5. State v. DriggersSupreme Court of South Carolina · 1910

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