Held v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — lion. W. 8. C. Walker, Judge. Section 3330, R. S. 1909, is highly penal and must be strictly construed, and applies only to such cases as come clearly within its provisions and manifest spirit and intent. The plaintiff must bring himself clearly within the provisions of the statute before ho can recover. Taylor v. Telegraph Co., 181 Mo. App. 294; Brockman v. "Western Union, 180 Mo. App. 626; Nasep v. Western Union, 184 Mo.
Read the full summary
Appeal from Stoddard Circuit Court. — lion. W. 8. C. Walker, Judge. Section 3330, R. S. 1909, is highly penal and must be strictly construed, and applies only to such cases as come clearly within its provisions and manifest spirit and intent. The plaintiff must bring himself clearly within the provisions of the statute before ho can recover. Taylor v. Telegraph Co., 181 Mo. App. 294; Brockman v. "Western Union, 180 Mo. App. 626; Nasep v. Western Union, 184 Mo. App. 141; Moore v. Western Union, 164 Mo. App. 165; Bradshaw v. Telegraph Co., 150 Mo. App. 711; Rixke v. Telegraph Co., 96 Mo. App.…
1Opinion of the Court
REYNOLDS, P. J. —
About two o’clock p. m., on December 5, 1912, plaintiff left a message with' the defendant’s agent at its office at Illmo, for transmission to Dexter, both points in this State and on defendant’s line, paying for it twenty-five cents, that being the proper tariff charge for its transmittal and delivery, the message directed “To Martin Sanders, Dexter, Mo.” The message was duly transmitted to Dexter, being received by the operator of defendant at that place about 2:45 p. m. of that day. When the telegram arrived at Dexter, the operator, within ten minutes after its arrival,…
2Cases cited7 opinions
- Connell v. Western Union Telegraph Co.Supreme Court of Missouri · 1891
- Moore v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Taylor v. Western Union Telegraph Co.Missouri Court of Appeals · 1914
- F. W. Brockman Commission Co. v. Western Union Telegraph Co.Missouri Court of Appeals · 1914
- Paul v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lynch v. Western Union Telegraph Co.Missouri Court of Appeals · 1929
- Rubeottom v. Western Union Telegraph Co.Missouri Court of Appeals · 1916