Poulnot v. Western Union Tel. Co.
Supreme Court of South Carolina
Before Townsend, J., Cherokee, October, 1903. Action by Mamie Poulnot against Western Union Telegraph Co. Prom judgment for plaintiff, defendant appeals. cite: There must be wilfulness to warrant punitive damages: 62 S. C., 235; 57 S. C., 331; 65 S. C., 93. Whether plaintiff would have gone had telegram been delivered promptly, is not raised by the evidence: 78 S. E., 700. As to duty of master in selecting servants: 40 S. C., 104. Charge not responsive to issues or to…
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Before Townsend, J., Cherokee, October, 1903. Action by Mamie Poulnot against Western Union Telegraph Co. Prom judgment for plaintiff, defendant appeals. cite: There must be wilfulness to warrant punitive damages: 62 S. C., 235; 57 S. C., 331; 65 S. C., 93. Whether plaintiff would have gone had telegram been delivered promptly, is not raised by the evidence: 78 S. E., 700. As to duty of master in selecting servants: 40 S. C., 104. Charge not responsive to issues or to evidence is prejudicial: 66 S. C., 28. cite: There was proof of wilfulness: 65 S. C., 125; and of negligence: 25 Ency., 1 e<±,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Gary.
This is an action for damages on account of the defendant’s delay in delivering the following telegram:
“Charleston, S. C., November 28, 1902. To Miss Mamie Poulnot,'care D. PI. Plall, 603 Jeffries street. Grand-mother dying, leave for home by first train; get Hall to purchase ticket. Will mail him check. E. H. Poulnot.”
The 5th, 6th, 7th and 8th paragraphs of the complaint are as follows:
“5. That said message was received by defendant at its office in Gaffney, on November 28, 1902, at 7.33 -o’clock p. m.
“6. That although on said…
2Cases cited1 opinion
- Griffin v. Southern Ry.Supreme Court of South Carolina · 1903
3Cited by10 opinions
- Brickman v. Southern RailwaySupreme Court of South Carolina · 1906
- Baker v. Western Union Tel. Co.Supreme Court of South Carolina · 1910
- Kirby v. Western Union Telegraph Co.Supreme Court of South Carolina · 1907
- Lyons v. ButlerCourt of Appeals of South Carolina · 1986
- Glenn v. Western Union Tel. Co.Supreme Court of South Carolina · 1909
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