Dudley v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Gowt. — Hon. R. H. Field, Judge. (1) Defendant contended in the circuit court that this statute applied only to the transmission of the message and that the transmission was required to be done “promptly and with impartiality and good faith.” The circuit court, as will be perceived from its finding of facts and its refusal of defendant’s declarations of law, extended the statute to a case of negligence in the delivery of the telegram.
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Appeal from the Jackson Circuit Gowt. — Hon. R. H. Field, Judge. (1) Defendant contended in the circuit court that this statute applied only to the transmission of the message and that the transmission was required to be done “promptly and with impartiality and good faith.” The circuit court, as will be perceived from its finding of facts and its refusal of defendant’s declarations of law, extended the statute to a case of negligence in the delivery of the telegram. This statute hsis recently been construed by the supreme court of Missouri in lane. The court said, per Bkace, J.: “This section…
1Opinion of the CourtSmith, J.
— This was a suit brought by the plaintiff against the defendant a telegraph corporation doing business in this state, for a statutory penalty for a failure to transmit a message promptly with impartiality and good faith and to deliver the same to the addressee. It is conceded that the message was transmitted promptly and with impartiality and good faith. It is likewise conceded that the defendant was guilty of negligence in failing do deliver the message to the addressee. The statute, Revised Statutes, section 2725, imposes a penalty of $200 upon a telegraph company for refusing, on payment…
2Cases cited5 opinions
- Moore v. CommonwealthCourt of Appeals of Kentucky · 1892
- Burnett v. Western Union Telegraph Co.Missouri Court of Appeals · 1890
- McNichols v. NelsonMissouri Court of Appeals · 1891
- Brooks v. Western Union Telegraph Co.Supreme Court of Arkansas · 1892
- Horn v. Western Union Telegraph Co.Supreme Court of Georgia · 1892
3Cited by7 opinions
- People v. DolanWyoming Supreme Court · 1895
- Rixke v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
- State ex informatione Crow v. BlandSupreme Court of Missouri · 1898
- Eddington v. Western Union Telegraph Co.Missouri Court of Appeals · 1905
- Grant v. Western Union Telegraph Co.Missouri Court of Appeals · 1911
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