Baker v. Western Union Telegraph Co.

This is an action to recover a penalty provided by the statute, section 10136, Revised Statutes 1919, for the failure' of defendant to properly transmit and deliver a telegram. Plaintiff sought to send the telegram from Kansas City, Missouri, to Marceline, Missouri. The case was tried before the court without the aid of a jury, resulting in a judgment against the defendant in the sum of $300 and defendant has appealed.

Plaintiff testified that on September 28,' 1924, he was a guest of the Dixon Hotel in Kansas City, Missouri; that for three or four years prior to that time he had frequently…