Simpson v. Western Union Tel. Co.

• Decision Date: 30 June 1916
• Docket Number: 9423.
• Citation: 89 S.E. 321,104 S.C. 393
• Parties: SIMPSON v. WESTERN UNION TELEGRAPH CO.
• Court: South Carolina Supreme Court

89 S.E. 321

104 S.C. 393

SIMPSON v. WESTERN UNION TELEGRAPH CO.

No. 9423.

Supreme Court of South Carolina

June 30, 1916

Appeal from Common Pleas Circuit Court of Laurens County; Thos. S Sease, Judge.

Action by Annie A. Simpson against the Western Union Telegraph Company. Judgment for defendant, and plaintiff appeals. Affirmed.

Richey & Richey and F. P. McGowan, all of Laurens, for appellant.

John Gary Evans, of Spartanburg, and Featherstone & Knight, of Laurens, for respondent.

FRASER J.

This is an action for damages for delay in delivering a telegram. The plaintiff's husband became ill at Laurens and she sent a telegram to her father at Williamston, both in this state. About 6 o'clock on Saturday evening the plaintiff called the telegraph office over the telephone. She received no answer. Plaintiff knew the operator, Miss Dean and, thinking that the operator was at supper, called her up at her boarding house, and asked Miss Dean to get off a telegram to her father at Williamston. Miss Dean told the plaintiff that it would be well to try the phone, as it was doubtful about getting a telegram through at that hour. The plaintiff insisted on the telegram, and asked Miss Dean to do her best to get it through for her. Miss Dean then secured a pencil and paper and wrote the message on the paper at her boarding house. Miss Dean then went to the office and transcribed the message on a telegram blank. On the back of the blank there is the usual stipulation for notice of default in the transmission of the message. The message arrived at Williamston promptly, but was not delivered until Monday morning. The message read: "R. L. Simpson is seriously ill." Mr. Simpson died before the message was delivered. A motion for a direction of a verdict was made by the defendant on several grounds, but sustained on only one to wit, that notice of claim for failure to deliver was not made within 60 days. From this finding the plaintiff appealed.

The plaintiff claims that the message was written on the blank without her authority, and as she knew nothing of the stipulation she is not bound. The only question that arises is: For whom was Miss Dean agent when she wrote the message on the blank, which contained the stipulation. If Miss Dean was the agent of the plaintiff in writing the message on the telegraph blank, then as there is no question that Miss Dean knew of the stipulation and the knowledge of the agent is...