Legal Opinion

Mitchiner v. Western Union Tel. Co.

Supreme Court of South Carolina

Decided February 16, 1905PublishedCited by 5 opinions

Before Krugh, J., Abbeville, February term, 1904. Action by D. R. Mitchiner against Western Union Telegraph Co. From; judgment for plaintiff, defendant appeals. Mr. Gary cites: Defense that injury was caused by negligence of plaintiff is not affirmative defense: 59 S. C., 535; 51 S. C., 79; 21 Fncy., 516; 17 Am.

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Before Krugh, J., Abbeville, February term, 1904. Action by D. R. Mitchiner against Western Union Telegraph Co. From; judgment for plaintiff, defendant appeals. Mr. Gary cites: Defense that injury was caused by negligence of plaintiff is not affirmative defense: 59 S. C., 535; 51 S. C., 79; 21 Fncy., 516; 17 Am. St. R., 598; 68 S. C., 318. cites: Improper transmission of telegram- raises presumption of negligence: 69 S. C., 545; 43 L. R. A., 214; 25 Fncy., 1 ed., 831. Irrelevant questions not answered, no1 ground for new. trial: 50 S. C., 136. Contradiction of operator competent: Green, on…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

The plaintiff brought action against defendant company for damages for mental anguish resulting from the alleged negligence and wantonness in failing to promptly deliver a telegram, and recovered judgment for $200, from which defendant now! appeals. The second, third and sixth exceptions relate to the admissibility of testimony, and will be first considered.

1 The second exception is as follows: “Because his Honor erred in permitting, over defendant’s objection, the plaintiff’s attorney to ask the plaintiff the following question: T…

2Cases cited2 opinions

  1. Mason v. Southern Ry.Supreme Court of South Carolina · 1900
  2. Kennedy v. Southern Ry. Co.Supreme Court of South Carolina · 1901

3Cited by5 opinions

  1. Horn v. Southern Ry.Supreme Court of South Carolina · 1907
  2. Bolton v. Western Union Tel. Co.Supreme Court of South Carolina · 1907
  3. Bridges v. Wyandotte Worsted Co.Supreme Court of South Carolina · 1961
  4. Bridges v. Wyandotte Worsted Co.Supreme Court of South Carolina · 1961
  5. Sloan v. J. G. White Engineering Co.Supreme Court of South Carolina · 1916

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