Western Union Telegraph Co. v. Kilpatrick

Bicknell, C. C.

This was an action by the appellee against the appellant to recover the statutory penalty of $100 for failing to transmit promptly a certain telegram, and also $7.50 for special damages sustained by such failure.

The complaint averred the receipt of the message at Dayton, in Tippecanoe county, by the defendant’s agent there, at ten o’clock a. m., to be sent to Mrs. Dr. Pierce, who lived within a mile from the defendant’s office in Lafayette, and ■eight miles from Dayton, and that said defendant negligently failed to send said message until four o’clock in the afternoon •of the…