Legal Opinion

Foster v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided May 22, 1907No. 6545Published

Motion to dismiss appeal in case of W. C. Foster against Western Union Telegraph Co. cite: Code of Proc., 34-5; 58 S. C., 39; 36 S. C., 399; 31 S. C., 510.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Gary.

This is an action for damages alleged to have been sustained by the plaintiff through the failure of the defendant to deliver a telegram within a reasonable time.

The jury rendered a verdict in favor of the plaintiff for $325, and the defendant appealed.

The respondent has raised the preliminary question that the notice of intention to appeal was not served within the time required by law. The record contains this statement: “The Court of Common Pleas for said county and State was adjourned sine die on the 12th day of April, 1906, and…

2Cases cited1 opinion

  1. Appleby v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1900

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