Young v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Aldrich, J., Richland, July, 1902. • Action by Thomas C. Young, against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. Messrs. Smythe, Lee & Frost cite: As to evidence showing physical discomfort: 32 S. C., 592; 9 Ech., 345; 154 U. S., 29; 43 S. C., 424; 8 Ency., 2 ed., 581, 583; 54 S. W., 825; 31 Fed., 134; 81 Fed., 670; 5 Ency.
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Before Aldrich, J., Richland, July, 1902. • Action by Thomas C. Young, against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. Messrs. Smythe, Lee & Frost cite: As to evidence showing physical discomfort: 32 S. C., 592; 9 Ech., 345; 154 U. S., 29; 43 S. C., 424; 8 Ency., 2 ed., 581, 583; 54 S. W., 825; 31 Fed., 134; 81 Fed., 670; 5 Ency. P. & P., 544, 603. There being no evidence warranting exemplary damages nonsuit should have been granted: 61 S. C., 170; 64 S. C., 491; 60 S. C., 74; 54 S. C., 605; 57 S. C., 254; 35 S. C., 486, 501. As to the sixty days…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages arising out of the defendant’s failure to deliver the following telegram: “April 17th, 1899. S. J. Justice, Hendersonville, N. C. Baby dead, bury Tweed’s Chapel to-morrow, first train up. Have pa pick burial spot; meet us Eletchers.”
The acts of wrong on the part of the defendant are thus alleged in the complaint:
“3. That although the said S. J. Justice was at his residence in the said city of Hendersonville during the entire day and evening of the 17th day of April, 1899, when said message could and ought…
2Cases cited1 opinion
- Stamey v. Western Union Telegraph Co.Supreme Court of Georgia · 1894
3Cited by16 opinions
- MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
- Roberts v. Western Union Tel Co.Supreme Court of South Carolina · 1906
- Willis v. Western Union Tel. Co.Supreme Court of South Carolina · 1906
- Brickman v. Southern RailwaySupreme Court of South Carolina · 1906
- Stevens v. AllenSupreme Court of South Carolina · 2000
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