Thompson v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from, Pettis Circuit Court. — Hon. Richard Field, Judge. ■The case is stated in the opinion. (1) Thé contract for the transmission of the message, being entered into on Sunday, and the requirement of the same also being that it should be transmitted immediately on that day, was, unless a work of necessity, void and a nullity, and the court erred in denying this proposition of law in the defendant’s second instruction..
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Appeal from, Pettis Circuit Court. — Hon. Richard Field, Judge. ■The case is stated in the opinion. (1) Thé contract for the transmission of the message, being entered into on Sunday, and the requirement of the same also being that it should be transmitted immediately on that day, was, unless a work of necessity, void and a nullity, and the court erred in denying this proposition of law in the defendant’s second instruction.. R. S., secs. 1578, 1579 ; Bernard v. 'Lupping, 32 Mo. 431; Gwinn v. Simes, 61 Mo. 335 Luebbering *. Oberkoetter, 1 Mo. App. 393; Guinn v. Railroad, 20 Mo. App. 453 ;…
1Opinion of the Court
Hall, J.-
— -This action was instituted by Waddy Thompson in his lifetime to recover the statutory penalty of one hundred dollars for the defendant giving to him false information in relation to the time in which a dispatch, which he made, application to send, could be sent. Waddy Thompson recovered in the circuit court, and the defendant appealed to this court i after the appeal he died, and the action was here revived in the name of his executrix.
The petition alleges: “ That on Sunday, the twenty-first day of February, 1886, at eight o’ clock in the evening, at the office and station of…
2Cases cited1 opinion
- Rogers v. Western Union Telegraph Co.Indiana Supreme Court · 1881
3Cited by5 opinions
- Burnett v. Western Union Telegraph Co.Missouri Court of Appeals · 1890
- Pulitzer Publishing Co. v. McNicholsMissouri Court of Appeals · 1913
- Bassett v. Western Union Telegraph Co.Missouri Court of Appeals · 1892
- Ashby v. HolmesMissouri Court of Appeals · 1896
- State v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1912