Capers v. Western Union Telegraph Co.

Citations

• 71 S.C. 29

Syllabus

<p>1. Telegrams — Damages—Pleadings.—It is essential to a recovery based on the special nature of a telegram that knowledge by the defendant of its special importance should appear from the words of the message itself, or that it be alleged and proved that defendant was otherwise informed of the special importance.</p> <p>2. Ibid. — Ibid.—Ibid.—In suit for failure to deliver a telegram in time to have money deposited to pay a check, it is necessary to allege that the addressee would have delivered the money in time to the person designated to convey it to bank, and that such person would have conveyed it in time.</p> <p>3. Ibid. — Menial Anguish — Damages.—The mental anguish statute of this State does not authorize recovery for feelings of disappointment, annoyance and vexation which the sender of a telegram would naturally feel because of the dishonor of his check by reason of failure to deliver his telegram in time, but the statute is confined to social or personal matters.</p>