Wagner v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Eon. L. B. Woodside, Judge. (1) The petition is insufficient and does not state a cause of action under the statute. 30 Cyc. 1352; Wood v. Telegraph Co., 59 Mo. App. 236; Connell v. Telegraph Co., 108 Mo. 459; State to use v. Railroad, 83 Mo. 144; Parrish v. Railroad, 63 Mo. 284. (2) The statute is penal and must he strictly construed. Cowan v. Telegraph Co., 129 S. W. 1066; Eddington v. Telegraph, 115 Mo.
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Appeal from Laclede Circuit Court. — Eon. L. B. Woodside, Judge. (1) The petition is insufficient and does not state a cause of action under the statute. 30 Cyc. 1352; Wood v. Telegraph Co., 59 Mo. App. 236; Connell v. Telegraph Co., 108 Mo. 459; State to use v. Railroad, 83 Mo. 144; Parrish v. Railroad, 63 Mo. 284. (2) The statute is penal and must he strictly construed. Cowan v. Telegraph Co., 129 S. W. 1066; Eddington v. Telegraph, 115 Mo. App. 93; Rixke v. Telegraph Co., 96 Mo. App. 410; Connell v. Telegraph Co., 108 Mo. 459. (3). The law does not cover this ldnd of ease; the statute only…
1Opinion of the CourtGray, J.
This suit was instituted by the respondent to recover from the appellant the penalty provided by section 3330, Revised Statutes 1909. The petition alleges: “Plaintiff for Ms cause of action states to the court, that the defendant, the Western Union Telegraph Company, is a corporation duly organized under the laws of the State of Missouri, and *371doing a general telegraph business within said state, and in the State of Kansas.
“ ‘ That the plaintiff is a resident of said State of Missouri, and on or about the 8th day of May,' 1908, he delivered to the said defendant at Burton, Kansas, a message…
Also in this document: Concurrence.
2Cases cited5 opinions
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
- Rixke v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
- Brashears v. Western Union Telegraph Co.Missouri Court of Appeals · 1891
- Dudley v. Western Union Telegraph Co.Missouri Court of Appeals · 1893
- Cowan v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
3Cited by3 opinions
- Ellis v. State Department of Public Health & WelfareMissouri Court of Appeals · 1955
- Adcox v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- Hewitt v. Western Union Telegraph Co.Missouri Court of Appeals · 1913