Hill v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Ho». J. L. Forty Judge. Respondent’s canse of action is based upon a failure to transmit and deliver a messáge and therefore does not fall within section 1255, R. S. 1899, as said statute' is penal in its nature and under the construction given it by the supreme and appellate courts of the State there can be a recovery only for failure to transmit a message. Connell v. Telegraph Co., 108 Mo. 459; Rixke v. Telegraph Co., 96 Mo.
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Appeal from Butler Circuit Court. — Ho». J. L. Forty Judge. Respondent’s canse of action is based upon a failure to transmit and deliver a messáge and therefore does not fall within section 1255, R. S. 1899, as said statute' is penal in its nature and under the construction given it by the supreme and appellate courts of the State there can be a recovery only for failure to transmit a message. Connell v. Telegraph Co., 108 Mo. 459; Rixke v. Telegraph Co., 96 Mo. App. 406; Parker v. Telegraph Co., 87 Mo. App. 533; Wood v. Telegraph Co., 59 Mo. App. 236; Dudley v. Telegraph Co., 54 M6. App.…
1ConcurrenceBland, P. J.
I agree that the order of the trial court granting a new trial shall stand, for the reason I think the allegation of the petition, that it was the duy of defendant to transmit and deliver the message, correctly stated the measure of defendant’s duty. Parker v. Western Union Tel. Co., 87 Mo. App. 553. And for the further reason that the evidence shows the defendant did not transmit the message within a reasonable time.
2Cases cited1 opinion
- Parker v. Western Union Telegraph Co.Missouri Court of Appeals · 1901