Parker v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. E. R. Lentz for appellant. (1) The petition in this cause does not state facts sufficient to constitute a cause of action. Connell v. Tel. Co., 108 Mo. 459. (2) The court erred in admitting irrelevant, incompetent and immaterial testimony offered by the plaintiff upon the trial of this cause. 'All testimony relating to the nondelivery of this message was clearly inadmissible.
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Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. E. R. Lentz for appellant. (1) The petition in this cause does not state facts sufficient to constitute a cause of action. Connell v. Tel. Co., 108 Mo. 459. (2) The court erred in admitting irrelevant, incompetent and immaterial testimony offered by the plaintiff upon the trial of this cause. 'All testimony relating to the nondelivery of this message was clearly inadmissible. The penalty is imposed for failure to transmit the. message, and not for failure to deliver the same. R. S. 1899, sec. 1255. Connell v. Tel. Co., 108 Mo. 459;…
1Opinion of the CourtBland, P. J.
The suit is to recover the penalty of $200 given by section 1255, R. S. 1899, for the alleged failure of the defendant to transmit a telegraph despatch “promptly and with impartiality and in good faith,” which was delivered to it by plaintiff at Poplar Bluff tó be transmitted to Willow Springs, Missouri. The original message filed in the defendant’s office at Poplar Bluff, was written on a day blank, but was marked night and is as follows:
“NIGHT.
RECEIYED. Time filed
No 28 C P C Y 8:21 p. m. Kush 12 Paid 29 Night.
“Poplar Bluff, Mo., November 23,1899.
“E. R. Newall.
“City Marshal, Willow Springs,…
2Cases cited11 opinions
- Western Union Telegraph Co. v. PendletonSupreme Court of the United States · 1887
- State v. SibleySupreme Court of Missouri · 1895
- State v. BryantSupreme Court of Missouri · 1886
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
- Kansas City v. LorberMissouri Court of Appeals · 1896
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3Cited by3 opinions
- Wilkinson v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Hill v. Western Union Telegraph Co.Missouri Court of Appeals · 1904
- Wilkinson v. Western Union Telegraph Co.Missouri Court of Appeals · 1921