Cowan v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Wayne Circuit Court. — Hon. Joseph J. Williams, Judge. (1) The statute under which plaintiff sues being a penal statute, must be strictly construed, and the plaintiff must bring his case within the clear terms of the statute before he will be allowed to recover. Burnett v. Telegraph Co., 39 Mo. App. 599; Wood v: Telegraph Co., 59 Mo. App. 236 ; Parker v. Telegraph Co., 87 Mo. App. 553; Rixke v. Telegraph Co., 96 M'o.
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Appeal from Wayne Circuit Court. — Hon. Joseph J. Williams, Judge. (1) The statute under which plaintiff sues being a penal statute, must be strictly construed, and the plaintiff must bring his case within the clear terms of the statute before he will be allowed to recover. Burnett v. Telegraph Co., 39 Mo. App. 599; Wood v: Telegraph Co., 59 Mo. App. 236 ; Parker v. Telegraph Co., 87 Mo. App. 553; Rixke v. Telegraph Co., 96 M'o. App. 406; Connell v. Telegraph Co., 108 Mo. 459. (2) The statute does not apply to a case where an agent of the telegraph company, not knowing that his company has no…
1Opinion of the CourtNixon, P. J.
This is an action by the appellant, J. D. Cowan, to recover of the Western Union Telegraph Company the penalty of three hundred dollars provided for by section 1255, Session Acts of 1907, page 188, said section repealing section 1255, Eevised Statutes 1899.
The evidence shows that on March 26, 1908, shortly after noon, the appellant gave to the respondent’s agent at its office in Williamsville, Mo., the following telegram, appellant paying the usual charge for its transmission:
“Eeceived at 2:50 p. m. West Plains, 3-26-1908.
“Dated Williamsville, Mo., 26th. To J. E. C. Eoherts, Mountain View,…
2Cases cited3 opinions
- Rixke v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
- Eddington v. Western Union Telegraph Co.Missouri Court of Appeals · 1905
- Peterson v. Western Union Telegraph Co.Indiana Court of Appeals · 1894
3Cited by6 opinions
- Willis v. American National Life Insurance Co.Missouri Court of Appeals · 1956
- Bradshaw v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
- Adcox v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- F. W. Brockman Commission Co. v. Western Union Telegraph Co.Missouri Court of Appeals · 1914
- Wagner v. Western Union Telegraph Co.Missouri Court of Appeals · 1911
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