Langley v. Western Union Telegraph Co.

Simmons, Justice.

The action was by the person to whom a dispatch was addressed, to recover the statutory penalty for failure to deliver with due diligence.’ The declaration was dismissed on cfemurrer, upon the ground that no cause of’ actioii was stated. It appeared from the allegations. *778that tlie usual charge was not paid or tendered when the dispatch was received for transmission, but that it was sent “ collect,” and nothing was paid until delivery.

The statute under which the action is brought (Acts 1887, p. Ill) in its first section prescribes, that the telegraph company, “ on payment or…