Taylor v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Chariton Circuit Court.-— Hon. Fred Lamb, Judge. (1) This being a penalty statute, it must receive strict construction and nothing taken by intendment, and plaintiff must bring himself fully within all the provisions of the statute before he can recover. Bradshaw v. Telegraph Co., 150 Mo. App. 711; Eddington v. Telegraph Co., 115 Mo. App. 93; Rixke v. Telegraph. Co., 96 Mo. App. 406; Moore v. Telegraph Co., 164 Mo. App. 165; Adcox v. Telegraph Co., 171 Mo.
Read the full summary
Appeal from Chariton Circuit Court.-— Hon. Fred Lamb, Judge. (1) This being a penalty statute, it must receive strict construction and nothing taken by intendment, and plaintiff must bring himself fully within all the provisions of the statute before he can recover. Bradshaw v. Telegraph Co., 150 Mo. App. 711; Eddington v. Telegraph Co., 115 Mo. App. 93; Rixke v. Telegraph. Co., 96 Mo. App. 406; Moore v. Telegraph Co., 164 Mo. App. 165; Adcox v. Telegraph Co., 171 Mo. App. 331. (2) The telegraph company has fixed reasonable hours for the receipt and delivery of messages, and the question…
1Opinion of the CourtTrimble, J.
This is an action to enforce the penalty prescribed by Section 3330, R. S. Mo. 1909, for failure to promptly transmit and deliver a telegram. A jury was waived and the case tried by the court. Defendant demurred to the evidence at the close of the case. This was overruled and judgment rendered for the penalty. Defendant appealed.
Plaintiff, desiring to send a message to Sumner, twenty-five miles away, went in company with C. M. Hopper, a merchant of Sumner, to defendant’s station in Salisbury at'5:34 p. m. Sunday, August 25, 1912, and delivered to the agent the following telegram:
*291“Salisbury,…
2Cases cited18 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Morton v. HeidornSupreme Court of Missouri · 1896
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Western Union Telegraph Co. v. HardingIndiana Supreme Court · 1885
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Maratta v. Chas. H. Heer Dry Goods Co.Missouri Court of Appeals · 1915
- Rubeottom v. Western Union Telegraph Co.Missouri Court of Appeals · 1916
- Held v. Western Union Telegraph Co.Missouri Court of Appeals · 1915
- Ward v. Western Union Telegraph Co.Missouri Court of Appeals · 1932
3 more not listed; retrieve them via the Exa API.