Western Union Telegraph Co. v. Brown
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP SOUTH CAROLINA. The facts, which involve the constitutionality of a statute of the State of South Carolina in regard to negligent non-delivery of telegraph messages, are stated in the opinion. The statute is unconstitutional, as to interstate messages at least, under the commerce clause, where there has been no breach of duty by the telegraph company within the State. In this case there was no breach in South Carolina.
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ERROR TO THE SUPREME COURT OP THE STATE OP SOUTH CAROLINA. The facts, which involve the constitutionality of a statute of the State of South Carolina in regard to negligent non-delivery of telegraph messages, are stated in the opinion. The statute is unconstitutional, as to interstate messages at least, under the commerce clause, where there has been no breach of duty by the telegraph company within the State. In this case there was no breach in South Carolina. The message was interstate commerce and not subject to regulation by the State of South Carolina. Any statute is an invalid…
1Opinion of the CourtJustice Holmes
This is an action of tort brought by the party to whom a telegraphic message was addressed. The message was delivered to the Company in South Carolina, addressed to the plaintiff in Washington, D. C., and read “Come at once. Your sister died this morning.’ It was forwarded without delay to Washington; but there, through negligence as the jury found, was not delivered. The declaration alleges that the failure caused the plaintiff to miss attending her sister’s funeral in South Carolina, and subjected the plaintiff to mental anguish, which of itself is made a cause of action by a statute of…
2Cases cited6 opinions
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
- Cuba Railroad v. CrosbySupreme Court of the United States · 1912
- Western Union Telegraph Co. v. PendletonSupreme Court of the United States · 1887
- Western Union Telegraph Co. v. Commercial Milling Co.Supreme Court of the United States · 1910
- Oceanic Steam Navigation Co. v. MellorSupreme Court of the United States · 1914
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3Cited by107 opinions
- Alaska Packers Assn. v. Industrial Accident Comm'n of Cal.Supreme Court of the United States · 1935
- Bradford Electric Light Co. v. ClapperSupreme Court of the United States · 1932
- Jane M. Booking v. General Star Management Company and General Star Indemnity CompanyCourt of Appeals for the Second Circuit · 2001
- Western Union Telegraph Co. v. FosterSupreme Court of the United States · 1918
- Sampson v. ChannellCourt of Appeals for the First Circuit · 1940
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