Western Union Telegraph Co. v. Yopst

The complaint of the appellee is based upon the statute defining the duties of telegraph companies, :and prescribing a penalty for a breach of duty. This penalty the appellee seeks to recover.

The principal objection urged against the complaint is that the telegram was received on Sunday, and that as it *250does not appear that there was any necessity for receiving or transmitting it on that day, the contract which underlies the duty is invalid, and hence no recovery can be adjudged. It is true, as counsel assert, that a contract is essential to create a duty. Rogers v. Western U. Tel. Co., 78…