McCloud v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal f’-om Grundy Circuit Court. — Hon. Geo. W. Wanamaker, Judge. (1) This being a penalty statute and highly penal, must be .strictly construed and nothing can he taken by intendment, but shall apply only to such cases as fall strictly and fully within its- provisions, and plaintiff must bring himself fully within the provisions of the statute in order to recover. Woods v. Telegraph Co., 59 Mo.. App. 236; Rixke v. Telegraph Co., 96 Mo.
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Appeal f’-om Grundy Circuit Court. — Hon. Geo. W. Wanamaker, Judge. (1) This being a penalty statute and highly penal, must be .strictly construed and nothing can he taken by intendment, but shall apply only to such cases as fall strictly and fully within its- provisions, and plaintiff must bring himself fully within the provisions of the statute in order to recover. Woods v. Telegraph Co., 59 Mo.. App. 236; Rixke v. Telegraph Co., 96 Mo. App. 406; Eddington v. Telegraph Co., 115.Mo. App. 93; Bradshaw v. Telegraph Co., 150 Mo. App. 711; Grant v. Telegraph Co., 154 Mo. App. 279. (2) Plaintiffs…
1Opinion of the Court
TRIMBLE, J. —
Plaintiffs, as the persons desiring to send a dispatch over defendant’s line from Mercer to Trenton, sne to recover the penalty of $300 under section 3330, Revised Statutes of Missouri, 1909, for failure to transmit said message. ■ I. E, Crihh, the father of plaintiffs, was seriously ill near Mercer, and Made H. Cribb, one of the plaintiffs, sent a message to A. F. McCloud," the husband of his sister and coplain-tiff Katie McCloud, saying, “Come today.” This message was sent Monday morning, November 6, 1911, and was sent “collect,” A. F. McCloud paying for it when it was received…
2Cases cited10 opinions
- McKinney v. NorthcuttMissouri Court of Appeals · 1905
- Hackett v. Van FrankMissouri Court of Appeals · 1904
- Burnett v. Western Union Telegraph Co.Missouri Court of Appeals · 1890
- Haubelt Bros. v. Rea & Page Mill Co.Missouri Court of Appeals · 1899
- Hefferman v. BotelerMissouri Court of Appeals · 1901
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3Cited by3 opinions
- F. W. Brockman Commission Co. v. Western Union Telegraph Co.Missouri Court of Appeals · 1914
- Magnolia Compress & Warehouse Co. v. St. Louis Cash Register Co.Missouri Court of Appeals · 1919
- Sinclair Refining Co. v. Farmers BankMissouri Court of Appeals · 1936