Foster v. Western Union Telegraph Co.

The plaintiff brought suit against defendant under section 3330, Revised Statutes 1909, to recover a penalty of $300 provided therein for failure to promptly transmit and deliver telegraphic messages. The petition is in two counts, there being two messages which were sent by the plaintiff from the town of Fisk, in Butler County, Missouri, to the town or Arbyrd, in Dunklin County, Missouri. Both of these messages were sent to James Lancaster, the first one delivered to the telegraph operator at Fisk between three and four o’clock in the afternoon, on November 25, 1916; it was immediately…