Kirby v. Western Union Telegraph Co.
South Dakota Supreme Court
Appeal from Minnehaha county court. Hon. E. Parliman, J uclge. Action by Joe Kirby against the Western Union Telegraph Company to recover a penalty for breach of duty. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. Section 3910, Comp, Laws, is a penal statute and must be construed strictly.
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Appeal from Minnehaha county court. Hon. E. Parliman, J uclge. Action by Joe Kirby against the Western Union Telegraph Company to recover a penalty for breach of duty. Plaintiff had judgment, and defendant appeals. The facts are stated in the opinion. Section 3910, Comp, Laws, is a penal statute and must be construed strictly. Endlich on Interpretation of Statutes, Chap. 12; Sutherland on Statutory Construction, § 208. In an action to recover a penalty under the statute, the statute itself must be pleaded or the complaint must be drawn in the exact language of the statute, or else the…
1Opinion of the CourtCorson, J.
This was an action originally commenced in the city justice’s court of the city of Sioux Falls to recover a judgment of $61. A judgment was rendered in favor of the defendant, from which an appeal was taken to the county court of Minnehaha county, where a judgment was rendered for the plaintiff, from which judgment the defendant has taken an appeal to this court. One of the important questions presented by the record in this case was decided by this court in a case with the same title reported in 55 N. W. 759. The only ques tion, therefore, which we shall consider on this appeal, is as to…
2Cases cited6 opinions
- United States v. ChouteauSupreme Court of the United States · 1881
- Austin v. . GoodrichNew York Court of Appeals · 1872
- County of San Luis Obispo v. HendricksCalifornia Supreme Court · 1886
- Shaw v. . TobiasNew York Court of Appeals · 1849
- Brown v. HarmonNew York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Butner v. Western Union Telegraph CompanySupreme Court of Oklahoma · 1894
- Jones v. Fidelity Loan & Trust Co.South Dakota Supreme Court · 1895
- Grigsby v. Western Union Tel. Co.South Dakota Supreme Court · 1894
- Western Union Telegraph Co. v. CoyleSupreme Court of Oklahoma · 1909
- Dunlap v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.