Ward v. Western Union Telegraph Co.

This is an action to recover the penalty imposed by section 10136. Revised Statutes 1919, for failure to transmit and deliver a telegraphic message. The case was tried before the court without a jury and the judgment was for the plaintiff. Defendant duly appealed and this court in an opinion rendered at its October, 1929, term reversed the judgment (22 S.W.2d 81). In review in certiorari, the Supreme Court quashed the opinion of this court by its decision rendered March 31, 1931, and reported in 39 754 S.W.2d 372. The case was again docketed for rehearing and resubmission at the October, 1931…