Dempsey v. Western Union Telegraph Co.
Supreme Court of South Carolina
Action by A. R. Dempsey against Wetsern Union Tel. Co. From judgment for plaintiff, defendant appeals. No argument furnished Reporter. cites: If defendant was guilty of wilfulness, plaintiff is entitled to recover even if negligent: 73 S. C., 467. Appellant suffered no injury from charge as to punitive damages for negligence: 75 S. C., 270, 286; 73 S. C., 211, 364. Statement once in charge of a proposition in proper form is suffiient: 72 S. C., 411. If charge be indefinite,…
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Action by A. R. Dempsey against Wetsern Union Tel. Co. From judgment for plaintiff, defendant appeals. No argument furnished Reporter. cites: If defendant was guilty of wilfulness, plaintiff is entitled to recover even if negligent: 73 S. C., 467. Appellant suffered no injury from charge as to punitive damages for negligence: 75 S. C., 270, 286; 73 S. C., 211, 364. Statement once in charge of a proposition in proper form is suffiient: 72 S. C., 411. If charge be indefinite, counsel should call Court’s attention to it: 64 S. C., 311. Appellant cannot relieve itself from negligence by…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
A statement of the facts alleged in the complaint is necessary to an understanding of the appeal.
December 28, 1905, was the day appointed for the marriage of plaintiff, at the residence of Roland Williams, near Wagner, S. C. O'n December 27th, while on his way from his home at Midway to meet the appointment, the plaintiff became so ill that he was obliged to stop over at Bamberg. Having then missed the only train which would have taken him direct to Wagner by the hour appointed, he delivered by the hand of his agent, G. H. Smoak, to…
2Cases cited2 opinions
- Pickens v. South Carolina & Georgia R. R.Supreme Court of South Carolina · 1899
- MacHen v. Western Union Tel. Co.Supreme Court of South Carolina · 1905
3Cited by5 opinions
- Baker v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
- Williams v. Southeastern Life Ins. Co.Supreme Court of South Carolina · 1941
- Moore v. CummingsSupreme Court of South Carolina · 1910
- Wigg v. Orphan Aid SocietySupreme Court of South Carolina · 1928
- Crosby v. BradleySupreme Court of South Carolina · 1927