Painter v. Western Union Telegraph Co.
Supreme Court of South Carolina
Before Rice, J., Greenville, Fall term, 1913. Action by Laura E. Painter against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. Mr. Evans cites: The delivery of the written message essential: Jones Telegraph and Tel. Cas. 292; 37 Cyc. 1683; 120 Fed. 533; 45 Mo.
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Before Rice, J., Greenville, Fall term, 1913. Action by Laura E. Painter against Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. The facts are stated in the opinion. Mr. Evans cites: The delivery of the written message essential: Jones Telegraph and Tel. Cas. 292; 37 Cyc. 1683; 120 Fed. 533; 45 Mo. App. 453. Proof of receipt of message by company: '90 S. C. 503. Only liable for' negligence: 37 Cyc. 1666, 1670; 19 S. C. 84; 82 S. C. 572; 83 S. C. 25. submit: Proximate cause for jury: 84 S. C. 67; 77 S. C. 286; 62 S. C. 138. Punitive damages should have been…
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 error in the transmission of a telegram from Charleston toGreenville. There is testimony that Bob Painter, a little boy, the son of the plaintiff, with a son of one of the witnesses, Mr. Gillespie, ran away from their parents in Greenville and went to Charleston. Bob Painter had a sister, Mrs. Moody, who lived with her husband, Leon Moody, in Charleston. It was suspected that these boys had gone to Charleston and Mrs. Painter sent a telegram to Mr. Moody about her son. From the…
2Cases cited1 opinion
- Cameron v. Western Union Tel. Co.Supreme Court of South Carolina · 1912
3Cited by2 opinions
- Western Union Tel. Co. v. SlifeSupreme Court of Oklahoma · 1926
- Western Union Telegraph Co. v. BaltzSupreme Court of Arkansas · 1927