Legal Opinion

Butler v. Western Union Telegraph Co.

Supreme Court of South Carolina

Decided April 1, 1903PublishedCited by 1 opinion

Before Aldrich, J., Richland, June, 1902. Action by Jacob W. Butler against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals on exceptions, of which the following are the first seven: “First.

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Before Aldrich, J., Richland, June, 1902. Action by Jacob W. Butler against Western Union Telegraph Co. From judgment for plaintiff, defendant appeals on exceptions, of which the following are the first seven: “First. Because his Honor erred in admitting, against the objection of the defendant, the plaintiff’s witness, Pete Thornton, to testify as to the circumstances connected with taking the corpse of Mrs. Spivey from the depot at Killian’s, S. C., to the house of the plaintiff, in reply to the following question: Q. ‘What did you do ?’ A. ‘I assisted (the plaintiff) with two wagons; one to…

1Opinion of the Court

The opinion of the Court- was delivered by

Mr. Justice Gary.

Statements of facts. — The allega tions of the complaint material to the consideration of the questions raised by the exceptions are as follows:

“2. That on the 3d day of April, 1899, one J. B. Spivey, the son-in-law of the plaintiff, presented to and filed with the defendant at its offices in the said town of Abbeville, the following message, to wit: ‘Mr. H. F. Jumper, No. 709 Lumber street: Wife very ill, come at once. Let parents and G. P. Spivey know. J. B. Spivey.’
“3. That the defendants at said time and place received said…

2Cases cited3 opinions

  1. Young v. Western Union Tel. Co.Supreme Court of South Carolina · 1903
  2. Griffin v. Southern Ry.Supreme Court of South Carolina · 1903
  3. Myers v. Southern Ry.Supreme Court of South Carolina · 1902

3Cited by1 opinion

  1. Tinsley v. Western Union Tel. Co.Supreme Court of South Carolina · 1905

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