Western Union Telegraph Co. v. Gougar

Bicknell, C. C.

This was an action by the appellees to recover from the appellant the statutory penalty for a failure to transmit a telegram in proper time.

The statute is as follows:

“Every electric telegraph company, with a line of wires wholly or partly in this State, and engaged in telegraphing for the public, shall, during the usual office hours, receive dispatches, whether from other telegraphic lines or from individuals ; and, on payment or tender of the usual charge, according to the regulations of such company, shall transmit the same with impartiality and good faith, and in the order…