Legal Opinion

Robinson v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided April 28, 1915No. 9081PublishedCited by 4 opinions

Before Prince, J., Camden, Action by J. C. Robinson against Western Union Telegraph Company. Prom judgment for plaintiff, defendant appeals. The facts are stated in the opinion. submit: There was-no evidence to show wilfulness: 76 S. C. 249; 84 S. C. 67; 84 S. C.' 54. Charge as to damages: 77 S. C. 56; 97 S. C. 385; 86 S. C. 242. relies upon 97 S. C. 385.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Fraser.

This is an action for actual and punitive damages for failure by the defendant to deliver a telegram to the plaintiff, announcing the serious illness of the plaintiff’s daughter. The jury found only punitive damages.

There are twelve exceptions, some of which were abandoned. The appellant argues only three questions.

1. Was there any evidence to sustain a verdict for punitive damages ?

2. Can a verdict for punitive damages be sustained where there are no actual damages ?

3. Was it any abuse of discretion to refuse to set aside a verdict…

2Cases cited2 opinions

  1. Doster v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
  2. Bethea v. Western Union Tel. Co.Supreme Court of South Carolina · 1914

3Cited by4 opinions

  1. Lawrence v. Southern Railway, Carolina Div.Supreme Court of South Carolina · 1933
  2. Jones v. Atlantic Coast Line R.Supreme Court of South Carolina · 1916
  3. Tropical Paint & Oil Co. v. Southeastern Farm Implement Co.District Court, W.D. South Carolina · 1923
  4. Greer v. Western Union Telegraph Co.Supreme Court of South Carolina · 1916

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