Einbinder v. Western Union Telegraph Co.

Mr. Associate Justice Oxner

(concurring) :

I concur in the opinion of Mr. Justice Taylor and desire to add a few observations.

Although this action may be classified as one sounding in tort, it is clear from all of our decisions involving breach of duty by telegraph companies in the handling and dispatch of telegrams, that the rule of damages in general tort actions does not apply. In Poteet v. Western Union Telegraph Co., 74 S. C., 491, 55 S. E., 113, 114, Mr. Justice Woods, after using the language which Mr. Justice Stukes has quoted in the third paragraph of his dissenting opinion, said: “In…