Wallingford v. Western Union Tel. Co

• Decision Date: 24 October 1898
• Citation: Wallingford v. Western Union Tel. Co, 31 S.E. 275, 53 S.C. 410 (S.C. 1898)
• Parties: WALLINGFORD et al. v. WESTERN UNION TEL. CO.
• Court: South Carolina Supreme Court

31 S.E. 275

53 S.C. 410

WALLINGFORD et al.

v.WESTERN UNION TEL. CO.

Supreme Court of South Carolina.

Oct. 24, 1898.

Telegraph Company—Damages—Pleading.

Plaintiff alleged that, by reason of defendants' failure to deliver a telegram containing an offer for a ear load of mules, he was forced to keep them for several months at great expense, and was forced to sell them at the end of that time for a certain sum, which was less than the offer. Held, that the complaint stated a cause of action.

Appeal from common pleas circuit court of Greenwood county; James Aldrich, Judge.

Action by Samuel Wallingford & Son against the Western Union Telegraph Company. Judgment for plaintiffs, and defendant appeals. Affirmed.

Giles & Magill, for appellant.

Wells, Ansel & Cothran, for appellees.

JONES, J. This action is for damages for failure to seasonably deliver a telegraphic message. The appeal is from an order overruling a demurrer to the complaint on the ground that it does not state facts sufficient to constitute a cause of action, in that the damages alleged were not thedlrect and proximate result of the alleged failure to promptly deliver said message. It appears from the complaint that Samuel Wallingford and his son, S. L. Wallingford, are partners in the business of selling mules in Sheridan, Ind., and that the father resided at Greenwood, S. C. On the 27th day of December, 1895, the defendant corporation received from S. L. Wallingford, at Sheridan, Ind., and, for a consideration received, agreed to transmit and deliver to Samuel Wallingford, at Greenwood, S. C, the following message: "Shall I sell Simms & Wedham load for hundred, four months, six per cent.?"—meaning, "Shall I sell Simms & Wedham a car load of mules, consisting of thirty head, at $100 per head, on four months' time, at six per cent. interest." This message was received by the defendant's agent at Greenwood, S. C, on the 27th December, 1895, and, as alleged, the defendant carelessly and negligently failed todeliver same to Samuel Wallingford for more than a week thereafter. It appears also that plaintiffs would have sold the mules at the price named, but for the negligent failure to deliver the message within a reasonable time. The damages alleged were as follows: "(10) That by reason of the careless and negligent conduct of the defendant's agent, in failing to deliver said message to the said Sam Wallingford upon its receipt, or within a reasonable time after its receipt, at Greenwood, South Carolina, the plaintiffs were forced to keep said thirty head of mules for three months, at great expense and care to the plaintiffs, to wit, the sum of seven dollars per head per month, in feed and attention, and were forced to sell said thirty head of mules at the expiration of said three months at a great loss to the plaintiffs, to wit, at the price of seventy-seven and fifty one-hundredths dollars per head, making the total loss to the plaintiffs upon each head of the said thirty head of mules the sum of forty-three and fifty one-hundredths dollars; and thereby the plaintiffs have been damaged by the careless and negligent conduct of the defendant as aforesaid in the sum of thirteen...