Wilkinson v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from. Howell Circuit Court. — How. W. N. Evans, Judge. (1) This is a suit for the enforcement of a statutory penalty. It is a well settled and unbroken rule in such cases, that before the plaintiff can recover, he must establish all the facts upon which the law predicates the right of action. Dunkin v. Life Ins. Co., 63 Mo.
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Appeal from. Howell Circuit Court. — How. W. N. Evans, Judge. (1) This is a suit for the enforcement of a statutory penalty. It is a well settled and unbroken rule in such cases, that before the plaintiff can recover, he must establish all the facts upon which the law predicates the right of action. Dunkin v. Life Ins. Co., 63 Mo. App. 260. (2) The statute upon which this suit is based, enjoins upon telegraph companies the duty of doing certain things which if not done, subjects them to the payment of a fixed penalty, and being penal, it should be strictly construed and nothing must be taken…
1Opinion of the CourtCon, J.
Action to recover statutory penalty for failure to send and deliver a telegram. Judgment for plaintiff and defendant has appealed.
The contention of appellant is that the facts proven do not make out a case against defendant as pleaded in the petition. The charging part of the petition is as follows: “That on the 7th day of September, 1910, plaintiff delivered to an agent of defendant at one of its offices at the railroad depot in Reynolds county, Missouri, to-wit, Corridon, a message addressed to a liveryman at Yan Burén, Missouri, and paid such agent of defendant the sum of sixty-five cents…
2Cases cited8 opinions
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
- Sheibley v. NelsonNebraska Supreme Court · 1909
- Bradshaw v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
- McVey v. BarkerMissouri Court of Appeals · 1902
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3Cited by2 opinions
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- City of St. Louis v. BuselakiSupreme Court of Missouri · 1935