Western Union Telegraph Co. v. Smith

Simmons, Justice.

H. G. Smith sued the telegraph company for the statutory penalty for failure to deliver a message dated May 2, 1892, signed by him and addressed to C. M. Fort, Atlanta, Ga., this message having been delivered by the plaintiff' to the company’s agent at its office in Rome, Ga., and the charges for sending the same being prepaid. There was a verdict for the plaintiff, and the defendant’s motion for a new trial being overruled, it excepted.

I. There is no merit in the objection that, this being a proceeding to enforce a statutory penalty, the rule of amendment applicable to…