Montgomery v. Western Union Telegraph Co.
Missouri Court of Appeals
.Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. “A condition in a message which stipulates that all ‘claims’ for damages must he presented within sixty •days after sending the message does not include the .statutory penalties denounced in sections 883 and 887, of the Revised Statutes, 1879.” Tel. Co. v. Colls, 1 S. W. Rep.
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.Appeal from the Pettis Circuit Court. — Hon. Richard Field, Judge. “A condition in a message which stipulates that all ‘claims’ for damages must he presented within sixty •days after sending the message does not include the .statutory penalties denounced in sections 883 and 887, of the Revised Statutes, 1879.” Tel. Co. v. Colls, 1 S. W. Rep. (Ark.) 558. No recovery can he had in this action, because no ■claim in writing was made to the telegraph company,. ■ as provided by its rules and regulations set forth in its .message blank, and made a part of the contract with plaintiff, for sending…
1Opinion of the CourtEllisou, J.
— Defendant received of plaintiff, for transmission, the following telegraphic dispatch:
“Sedalia, Mo., November 29, 1888.
“Chas. H. Zoll, Warrensbtirg, Mo.:
“Meet me at 4:25 train this evening.
“J7T. MoNtg-omeby.”
Plaintiff instituted this action by a petition containing two counts. The first, under section 883, Revised Statutes, 1879, whereby he seeks to recover the penalty of $100, prescribed by that section for a neglect to transmit with impartiality and good faith the dispatch in question to the party to whom it was sent. The second count is based on section 887, Revised Statutes, 1879,…
2Cases cited2 opinions
- Western Union Telegraph Co. v. JonesIndiana Supreme Court · 1884
- W. U. Telegraph Co. v. CobbsSupreme Court of Arkansas · 1886
3Cited by5 opinions
- Grant v. Western Union Telegraph Co.Missouri Court of Appeals · 1911
- Paul v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Mathis v. Western Union Telegraph Co.Supreme Court of Georgia · 1894
- Mathis v. Western Union Telegraph Co.Supreme Court of Georgia · 1894
- Western Union Telegraph Co. v. GreerTennessee Supreme Court · 1905