State v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Western District; J S. Maples, Judge; 1. It was not necessary to allege, under section 7946, Kirby’s Digest, nor prove, that the overcharge was “wilfulor intentional. ” 19 Ark. 6950; 30 Cyc. 1352; Id. 1340, note; 9 Enc.
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Appeal from Carroll Circuit Court, Western District; J S. Maples, Judge; 1. It was not necessary to allege, under section 7946, Kirby’s Digest, nor prove, that the overcharge was “wilfulor intentional. ” 19 Ark. 6950; 30 Cyc. 1352; Id. 1340, note; 9 Enc. Ev. 751; 90 N. Y. App. 422. The cases, 76 Ark. 125, and 50 Ark. 78, are not in point. 2. It is no defense for a railway to plead that the overcharge was through mistake. 60 Ark. 221; 49 Id. 455: 62 Id. 453; 56 Id. 245; 54 Id. 101. 3. The complaint .states a cause of action. 93 Ark. 42. 1. The question has been settled in this court. 50 Ark.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the prosecuting attorney of the Fourth Judicial Circuit in the name of the State of Arkansas against the Western Union Telegraph Company, to recover a penalty under the following statute:
“Every telegraph and telephone company doing business in this State must, under a penalty of five hundred dollars for each and every refusal so to do, transmit over its wires to localities on its lines for any individual or corporation or other telegraph or telephone company, such messages, dispatches or correspondence as may be tendered to it by, or to be transmitted to, any…
2Cases cited6 opinions
- Railway Co. v. SmithSupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. WaldropSupreme Court of Arkansas · 1909
- Railway Co. v. ClarkSupreme Court of Arkansas · 1894
- Brooks v. Western Union Telegraph Co.Supreme Court of Arkansas · 1892
- Frauenthal v. Western U. Tel. Co.Supreme Court of Arkansas · 1887
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