71 S.C. 29 | S.C. | 1905
The opinion of the Court was delivered by
This appeal is from- an order of the Circuit Judge refusing a motion to make the complaint more definite and certain, and to strike out an allegation of the complaint as to mental anguish. The complaint is founded on the alleg-ed negligence of the defendant in failing to deliver the following telegram :
“Beaufort, S. C., 2-29, 1904. To C. W. Butler. No letter received. Send tO' Yemassee conductor in morning. W. E. Capers.”
It is true, the doctrine in this Státe is based on a statute very broad in its general terms:
“All telegraph companies doing business in this State shall be liable in damages, for mental anguish or suffering, even in the absence of bodily injury, for negligence in receiving, transmitting or delivering messages. .:
“Nothing contained in this section shall abridge the rights or remedies now provided by law against telegraph companies, and the rights and remedies provided for by this section, shall be in addition to those now existing.
“In all actions under this section the jury may award such damages as they conclude resulted from negligence of said telegraph companies.” (Code, 1902, vol. 1, sec. 2223.)
If the meaning of the statute is clear, the courts have nothing to do with the consequences of enforcing it. In the construction of this statute, however, we have to interpret the expression “mental anguish” as a legal term', and endeavor to ascertain its signification, and the limitation of its, meaning in a legal sense as used in this statute, as distinguished from the meaning it might have in the refinements; of etymology. Manifestly the statute was remedial. The courts of several States of the Union had adopted in telegraph cases the doctrine of damages for mental anguish as to social and personal matters, as distinguished from business transactions. A contrary view had been taken by the courts .of a number of other States. In Lewis v. Tel. Co., 57 S. C., 325, 35 S. E., 556, the question was squarely presented to this Court, and upon the consideration of the authorities oni both sides it was decided that the new doctrine should be rejected. The opinion in this case was filed April 11, 1900-In December, 1901, the act now under consideration was passed, and it cannot be doubted that the statute was intended to change the law of the State as laid down in Lewis v. Tel Co., and ho establish the doctrine of damages for
But there is another view which is still more conclusive. When doubtful questions of construction arise, it is the duty of courts to give to statutes an interpretation which accords with the Constitution, in preference to one that would be in violation of it. The statute now- under consideration, was held constitutional in Simmons v. Tel. Co., 63 S. C., 425, 41 S. E., 521, which was an action for damages for failure to promptly deliver a telegram to the plaintiff concerning the illness of her husband. If the statute is limited in its application to cases of that and similar character, there is a clear ground of classification distinguishing telegraph companies
The judgment of this Court is, that the judgment of the Circuit Court be reversed.