Leftridge v. Western Union Telegraph Co.
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Nat Shelton, Judge. (1) Interstate communication by telegraph is interstate commerce. Pensacola Tel. Co. v. Western Union Tel. Co., 96 U. S. 1; Western Union Tel. Co. v. Pendle-ton, 122 U. S. 347. (2) Under the original act, and prior to the amendment of June 18, 1910, Congress not having legislated on the subject, State statutes affecting interstate telegrams for acts done within the State were enforcible.
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Appeal from Macon Circuit Court. — Hon. Nat Shelton, Judge. (1) Interstate communication by telegraph is interstate commerce. Pensacola Tel. Co. v. Western Union Tel. Co., 96 U. S. 1; Western Union Tel. Co. v. Pendle-ton, 122 U. S. 347. (2) Under the original act, and prior to the amendment of June 18, 1910, Congress not having legislated on the subject, State statutes affecting interstate telegrams for acts done within the State were enforcible. Western Union Tel Co. v. James, 162 U. S. 650; Western Union Tel. Co. v. Crovo, 220 U. S. 364. (3) Under the terms of the Interstate Commerce Act as…
1Opinion of the Court
BROWN, C.
This is a suit against the Western Union Telegraph Company, a corporation, to recover the penalty of three hundred dollars imposed by the terms of Section 3330 of the Revised Statutes of this State (1909), for failure to transmit and use due diligence to deliver into the hands of the addressee at McComb, Illinois, without material alteration, a telegram delivered to it by plaintiff on May 21, 1915, at its office in Clarence, Missouri, for that purpose, all charges being paid. The telegram was materially altered before delivery by the substitution of the word “dead” for the word “bad.”
2Cases cited10 opinions
- Pensacola Telegraph Co. v. Western Union Telegraph Co.Supreme Court of the United States · 1878
- Telegraph Co. v. TexasSupreme Court of the United States · 1882
- Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
- Western Union Telegraph Co. v. PendletonSupreme Court of the United States · 1887
- Western Union Telegraph Co. v. BrownSupreme Court of the United States · 1914
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3Cited by1 opinion
- Brewer v. Postal Telegraph Cable Co.Missouri Court of Appeals · 1920