Grant v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Hon. Arch B. Davis, Judge. (1) This case is based on a penalty statute and must be strictly construed, and nothing must be taken by intendment, bufthe statute shall apply only to such cases as come squarely and clearly within its provisions. Edington v. Telegraph Co., 115 Mo. App. 98; Rixke v. Telegraph Co., 96 Mo.
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Appeal from Livingston Circuit Court. — Hon. Arch B. Davis, Judge. (1) This case is based on a penalty statute and must be strictly construed, and nothing must be taken by intendment, bufthe statute shall apply only to such cases as come squarely and clearly within its provisions. Edington v. Telegraph Co., 115 Mo. App. 98; Rixke v. Telegraph Co., 96 Mo. App. 410; Cowan v. Telegraph Co., 129 S. W. 1066. (2) The requirement that any claim against the company includes statutory penalties is the law of this state. Montgomery v. Telegraph Co., 50-Mo. App. 591; Telegraph Co. v. Jones, 95 Ind. 228;…
1Opinion of the CourtJohnson, J.
This is an action against a telegraph company for the recovery of the penalty prescribed by section 3330, Revised Statutes 1909, for the neglect or refusal to transmit a dispatch accepted for transmission in the regular course of business.
In the evening of March 5,1909, plaintiff delivered a night message to defendant at one of its offices in St. Louis for transmission to her brother at Chillicothe, Missouri. There is no controversy-over the facts that plaintiff paid the usual charge demanded for such ser*282vices'; that'defendant accepted the dispatch; that at should have been delivered the next…
2Cases cited8 opinions
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
- Massengale v. Western Union Telegraph Co.Missouri Court of Appeals · 1885
- Barrett v. Western Union Telegraph Co.Missouri Court of Appeals · 1890
- Thorp v. Western Union Telegraph Co.Missouri Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Moore v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- 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
- Paul v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Wing v. Union Central Life InsuranceMissouri Court of Appeals · 1911
2 more not listed; retrieve them via the Exa API.