Moore v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) This suit is based on Sec. 3330, R. S. 1909, and is a penalty statute. Such statutes are considered by the courts of this state as harsh and must he strictly construed. The statutes shall apply to such cases only as come fully and clearly -within the provisions. Nothing must he taken by intendment. Cowan v. Telegraph Co., 149 Mo. App. 407; Edrington v. Telegraph Co., 115 Mo.
Read the full summary
Appeal from Boone Circuit Court. — Hon. N. D. Thurmond, Judge. (1) This suit is based on Sec. 3330, R. S. 1909, and is a penalty statute. Such statutes are considered by the courts of this state as harsh and must he strictly construed. The statutes shall apply to such cases only as come fully and clearly -within the provisions. Nothing must he taken by intendment. Cowan v. Telegraph Co., 149 Mo. App. 407; Edrington v. Telegraph Co., 115 Mo. App. 98; Rixke v. Telegraph Co., 96 Mo. App. 410; Grant v. Telegraph Co., 154 Mo. App. 279. (2) The telegraph company is not an insurer of the de livery…
1Opinion of the CourtJohnson, J.
This is an action to recover the penalty prescribed in section 3330, Bevised Statutes *1671909, for the failure of a telegraph company promptly to transmit and deliver a telegram. A jury was waived and after hearing the evidence the court rendered judgment for plaintiff. Defendant appealed.
Plaintiff delivered a message to defendant telegraph company at one of its offices in St. Louis for transmission to Columbia, Missouri, and paid the charge demanded by defendant’s agent. The telegram was addressed to Charles M. Hay, a lawyer residing at Pulton who was temporarily in Columbia attending a…
2Cases cited3 opinions
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
- Grant v. Western Union Telegraph Co.Missouri Court of Appeals · 1911
- Leidy v. CarsonMissouri Court of Appeals · 1905
3Cited by11 opinions
- Downs v. HortonSupreme Court of Missouri · 1921
- Willis v. American National Life Insurance Co.Missouri Court of Appeals · 1956
- Board v. Eurostyle, Inc.Missouri Court of Appeals · 1999
- Davis v. Board of EducationCourt of Appeals of Maryland · 1934
- Elmore-Schultz Grain Co. v. StonebrakerMissouri Court of Appeals · 1919
6 more not listed; retrieve them via the Exa API.