Western Union Telegraph Co. v. Lark

Simmons, Chief Justice. .

1. The court did not err in overruling the defendant’s motion to dismiss the action. According to the decision of this court in Western Union Telegraph Co. v. James, 90 Ga. 254, the interstate commerce clause of the Federal constitution had no application to the - case. Although the telegram in question was sent from an office of the defendant in another State, the ground,-upon which the plaintiff' sought to recover the statutory penalty, was the failure of the defendant to deliver the message after it bad reached the office to which.it was addressed in this State.

2.…