Legal Opinion

Hughes v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided October 31, 1905PublishedCited by 6 opinions

Before Watts, J., Lancaster, October term, 1904. Action by W. Alonzo Hughes against the Western Union Telegraph Co. The 6th, 7th, 8th and 9th paragraphs of the complaint are as follows: “6. That if said message had been promptly transmitted and delivered to plaintiff by defendant, as it was its duty to do, plaintiff could have wired to his family at Coleman when he would arrive there and could have left on an afternoon train on December 18, 1903, and arrived at Coleman at…

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Before Watts, J., Lancaster, October term, 1904. Action by W. Alonzo Hughes against the Western Union Telegraph Co. The 6th, 7th, 8th and 9th paragraphs of the complaint are as follows: “6. That if said message had been promptly transmitted and delivered to plaintiff by defendant, as it was its duty to do, plaintiff could have wired to his family at Coleman when he would arrive there and could have left on an afternoon train on December 18, 1903, and arrived at Coleman at 2.45 p. m.; on December 19, 1903, in plenty of time to have attended the funeral of his said dead brother, which…

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 alleged negligence and wilfulness of the defendant in failing to deliver a telegram addressed to the plaintiff, announcing the death of his brother. At 12.30 p. m., on the 18th of December, 1903, the sister of the plaintiff filed with the defendant at Coleman, Florida, the following message, addressed to Alonzo Hughes, Heath Springs, S. C.:

“John killed at Panasoffkee at mill this morning.
“(Signed) Dora Hughes.”

It is alleged that the message was not delivered to the plaintiff until 2…

2Cited by6 opinions

  1. Western Union Telegraph Co. v. JohnstonTexas Commission of Appeals · 1919
  2. Fass v. Western Union Tel. Co.Supreme Court of South Carolina · 1909
  3. Johnston v. Western Union Telegraph Co.Court of Appeals of Texas · 1914
  4. Cobb v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
  5. Einbinder v. Western Union Telegraph Co.Supreme Court of South Carolina · 1944

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