Evans v. Western Union Telegraph Co.

This is a suit on the part of the sender of a telegram to recover the penalty provided in section 10136, Revised Statutes 1919, for failure to deliver it. That statute provides for a penalty of $300 for failure on the part of the telegraph company to “transmit and deliver the same (the telegram) to designated address and to use diligence to place said dispatch in the hands of the addressee, by the most direct means available.” The case was tried before the court without the aid of a jury, resulting in a judgment in favor of plaintiff in the sum of $300 and defendant has appealed.

The facts…