Western Union Telegraph Co. v. Brown

Zollaes, J. —

Appellee was awarded judgment below •.against appellant for the statutory penalty as provided by section 4176, R. S. 1881, being section 1 of an act passed in 1852, for a failure to transmit a message in proper time.

Appellant’s counsel contetid that the act of 1885, Acts 1885, p. 151, by implication, repealed the above section of the act of 1852, and that that repeal took away all right to the penalty, although a penalty in a like amount is provided •by the act of 1885, for a violation of its provisions.

Section 4176, supra, reads as follows:

“ Every electric telegraph company with…