Western Union Telegraph Co. v. Ryals

Lumpkin, Justice.

This case is controlled by the ruling announced in the head-note. A telegraph company is not liable for the penalty imposed by the act of 1887, except in cases ■where there has been a “ payment or tender of the usual charge, according to the regulations of such company.” This statute, being penal in its nature, should be strictly ■ construed ; and accordingly, after careful consideration, it is our judgment that where, by mutual agreement of the sender of a message and the company’s agent or operator, the amount due for sending the message is •charged to the account of the…