Horn v. Western Union Telegraph Co.

Simmons, Justice.

In this action the sender of the dispatch sought to recover the statutory penalty for failure to transmit with due diligence, and also special damages. The telegraph company admitted its liability for special damages, and confessed judgment therefor, but contended that under the proviso in the second section of the statute (Acts 1887, p. 112), it was exempt from the penalty, because, as was admitted in the agreed statement of facts, the person to whom the dispatch was addressed did not reside within one mile of the telegraphic station, nor in the town where the station was.…