75 S.E. 542 | S.C. | 1912
August 28, 1912. The opinion of the Court was delivered by This is an action for damages, alleged to have been sustained by the plaintiff, Rosa Brown, through the wrongful acts of the defendant, in failing to deliver the following telegram:
"Summerville, S.C. January 22, 1908. Mrs. W.M. Brown, No. 72 Canal Street, S.W., Washington, D.C. Come at once. Your sister died this morning. Frederika Alston."
The jury rendered a verdict in favor of the plaintiff, for seven hundred and fifty dollars for negligence, thus eliminating *360 the question, as to the right of the plaintiff to recover punitive damages.
The appeal is from the refusal of his Honor, the presiding Judge, to grant the motion for nonsuit, and the direction of a verdict; also from his refusal to charge certain requests, and from certain parts of his charge, alleged to be erroneous.
This is the second appeal in this case — the first being reported in
The appellant's exceptions will be incorporated in the report of the case.
The first exception cannot be sustained, for the reason that even if the testimony therein mentioned, was immaterial and irrelevant, the appellant has failed to show, that it was prejudicial to its rights.
The second exception was withdrawn.
All the other question presented by the exceptions herein, were involved upon the former appeal, and were determined adversely to the contention of the appellant. They were therefore subject to the doctrine of resjudicata, and, even if the rulings then made were erroneous, they could not be corrected in this case. Jones
v. Ry.,
These questions were also presented, upon a petition for a rehearing on the former appeal in this case, but were again decided against the petitioner, and, the petition dismissed. Again they were affirmed in the case ofHeath v. Tel. Co.,
In reversing the Circuit Judge this Court merely said: "This question has undergone judicial investigation so recently that we deem it only necessary to cite the cases ofBrown v. Tel. Co.,
These exceptions are therefore overruled.
This case has been taken by writ of error to the UnitedStates Supreme Court.