Keeting v. Western Union Telegraph Co.

Plaintiff’s action is to recover a statutory penalty of $300 (Sec. 3330, R. S. 1909) against defendant for negligently failing to promptly transmit and deliver a telegram which he sent from Kansas City to Keytesville, Missouri, on the night of the 22nd of February, 1915'. He recovered judgment in the trial court.

That the statute referred to allows the penalty is conceded, but defendant interposes a defense that on account of a sleet, and storm its wires were down and out of service which rendered it impossible to promptly transmit plaintiff’s message. The question in the case is altogether…