Moran v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Ron. James D. Barnett, Judge. (1) It is the duty of a telegraph company which receives a message for transmission directed to an individual at one of its own stations to deliver that message to the person to whom it is addressed with reasonable diligence, and in good faith. That is a part of its contract implied by taking the message and receiving* payment therefor. Hughlett v. Western Union Telegraph Co., 172 Mo.
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Appeal from Montgomery Circuit Court. — Ron. James D. Barnett, Judge. (1) It is the duty of a telegraph company which receives a message for transmission directed to an individual at one of its own stations to deliver that message to the person to whom it is addressed with reasonable diligence, and in good faith. That is a part of its contract implied by taking the message and receiving* payment therefor. Hughlett v. Western Union Telegraph Co., 172 Mo. App. 272. (2) Section 3330, R. S. 1909, providing for the infliction of a penalty on telegraph companies for failure to promptly deliver a…
1Opinion of the CourtReynolds, P. J.
— One J. W. Moran, plaintiff below, appellant here, living in the country, in Lincoln county, near Clney, sent Ms son to one Guinn, a merchant at Olney, who had a Bell telephone connection with Troy, in Lincoln county. The son desired to telephone a message to Montgomery City to one James Elder, but Guinn ascertained that the telephone line was not operating' through to Montgomery and suggested that the message be telephoned to Troy and wired from there to Montgomery City. This was done and Guinn telephoned to the operator of the Western Union Telegraph Company at Troy, this message, directed…
2Cases cited2 opinions
- F. W. Brockman Commission Co. v. Western Union Telegraph Co.Missouri Court of Appeals · 1914
- Nasep v. Western Union Telegraph Co.Missouri Court of Appeals · 1914