Rubeottom v. Western Union Telegraph Co.

This is an action for the three hundred dollar penalty prescribed by section 3330, Revised Statutes 1909, in which plaintiff prevailed and defendant has appealed.

The statute provides that it shall he the duty of telegraph companies, on payment or tender of their usual charges for transmitting and delivering messages as established by their rules and regulations, to transmit and deliver the same to the designated address and to use due diligence to place the message in the hands of the addressee, by the most direct means available, promptly.

Plaintiff claims that a negligent delay occurred in…