Neet v. Western Union Tel. Co.
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Hon. Fred Lamb, Judge. (1) Plaintiff brings Ms suit under Sec. 3330, R. S. 1909, which is a penalty statute and must receive strict construction and apply only to suck cases as fall strictly within its provisions. It devolves on plaintiff to bring himself fully within the provisions of the statute before he can recover. Eddington v. Telegraph Co., 115 Mo. App. 93; Grant v. Telegraph Co., 154 Mo. App. 279; Rixke v. Telegraph Co., 96 Mo.
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Appeal from Linn Circuit Court. — Hon. Fred Lamb, Judge. (1) Plaintiff brings Ms suit under Sec. 3330, R. S. 1909, which is a penalty statute and must receive strict construction and apply only to suck cases as fall strictly within its provisions. It devolves on plaintiff to bring himself fully within the provisions of the statute before he can recover. Eddington v. Telegraph Co., 115 Mo. App. 93; Grant v. Telegraph Co., 154 Mo. App. 279; Rixke v. Telegraph Co., 96 Mo. App. 406; Bradshaw v. Telegraph Co., 150 Mo. App. 711; Woods v. Telegraph Co., 59 Mo. App. 236. (2) Defendant is entitled to…
1Opinion of the Court
TRIMBLE, J. —
Suit to recover the penalty provided in section 3330, Revised Statutes of Missouri, 1909, for failure to promptly deliver a telegram.
Plaintiff resided in Browning, Missouri. His mother-in-law was living in his home. About three o’clock p. m., February 4, 1911, she died, and a half hour later plaintiff sent a telegram over deféndant’s line to deceased’s son, T. J. McClanahan, addressed to him at G-ifford, Missouri, reading as follows: 11 Grandma died at three p. m.” The charges for the message were duly paid and the message promptly sent out from the dispatching office but was not…
2Cases cited8 opinions
- Hendrick v. LindsaySupreme Court of the United States · 1876
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Adams County Bank v. HainlineMissouri Court of Appeals · 1896
- Smith v. Western Union Telegraph Co.Missouri Court of Appeals · 1894
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