Little Rock & Fort Smith Telegraph Co. v. Davis
Supreme Court of Arkansas
APPEAL from Fulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. No damages are alleged or proven, but the suit is for the penalty prescribed by sec. 5721 Gantt’s Dig. This statute is essentially primitive, and to incur the penalty there must be intentional wrong — for penal statutes must be strictly construed. 9 Bac.
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APPEAL from Fulaski Circuit Court. Hon. J. W. Martin, Circuit Judge. No damages are alleged or proven, but the suit is for the penalty prescribed by sec. 5721 Gantt’s Dig. This statute is essentially primitive, and to incur the penalty there must be intentional wrong — for penal statutes must be strictly construed. 9 Bac. Abr., 252, “Statute”; 2 27. J. 8., (1 Penn.) 210; Steelman v. Bolton, Id., 231; Adams v. Scull, 3 27. J. S., (2 Penn.) 741; Id., 950. To incur a penalty there must be an intentional omission. Russell v. Irby. 18 Ala., 131; 4 Conn., 421; 40 Wis., 393. Telegraph companies are…
1Opinion of the Court
OPINION.
The statute under which the suit was brought provides r
“It shall be the duty of the owner or association owning any telegraph lines, doing business within the State, to-receive dispatches from and for other telegraph lines and associations, and from and for any individual, and on payment of their usual charges for individuals for transmitting, dispatches, as established by the rules and regulations of such telegraph line, to transmit the same with impartiality and good faith, under the penalty of one hundred dollars for every neglect or refusal so to do, to be recovered with costs of…
2Cases cited1 opinion
- Russell v. IrbySupreme Court of Alabama · 1848
3Cited by4 opinions
- Brooks v. Western Union Telegraph Co.Supreme Court of Arkansas · 1892
- Parker v. Western Union Telegraph Co.Missouri Court of Appeals · 1901
- Western Union Telegraph Co. v. Citizens' BankSupreme Court of Arkansas · 1920
- Dudley v. Western Union Telegraph Co.Missouri Court of Appeals · 1893