Hewitt v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. Arch. B. Davis, Judge. (1) Section 3330 above referred to is a penalty statute and by tbe numerous decisions of tbe appellate courts of this State, as well as the courts of other jurisdictions, all hold that it must receive strict construction and that no case must fall within it which does not come within the spirit and scope of the statute. Wagner v. Telegraph Co., 152 Mo. App. 369; Grant v. Telegraph Co., 154 Mo.
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Appeal from Livingston Circuit Court. — Hon. Arch. B. Davis, Judge. (1) Section 3330 above referred to is a penalty statute and by tbe numerous decisions of tbe appellate courts of this State, as well as the courts of other jurisdictions, all hold that it must receive strict construction and that no case must fall within it which does not come within the spirit and scope of the statute. Wagner v. Telegraph Co., 152 Mo. App. 369; Grant v. Telegraph Co., 154 Mo. App. 279; Edrington v. Telegraph Co., 115 Mo. App. 98; Moore v. Telegraph Co.,. 164 Mo. App. 165; Cowan v. Telegraph Co., 149 Mo. App.…
1Opinion of the CourtJohnson, J.
Plaintiff, the sender of a telegram, brought this suit against the telegraph com- ■ pany to recover the penalty provided in section 3330, Revised Statutes 1909. The facts are uncontradicted that defendant received a message from plaintiff at its .office in Moberly, that it was addressed to a well-known business firm in Chicago, Illinois, that plaintiff paid the fee demanded for its prompt transmission and delivery'to the addressee and that it was not delivered.
The petition alleges that “defendant by its agents .and servants wholly unmindful of its duty in the premises negligently and…
2Cases cited12 opinions
- Smith v. AlabamaSupreme Court of the United States · 1888
- Hall v. DeCuirSupreme Court of the United States · 1878
- Western Union Telegraph Co. v. JamesSupreme Court of the United States · 1896
- Western Union Telegraph Co. v. CrovoSupreme Court of the United States · 1911
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
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3Cited by1 opinion
- Davis v. Western Union Telegraph Co.Missouri Court of Appeals · 1918