Dudley v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Gowt. — Hon. R. H. Field, Judge. (1) Defendant contended in the circuit court that this statute applied only to the transmission of the message and that the transmission was required to be done “promptly and with impartiality and good faith.” The circuit court, as will be perceived from its finding of facts and its refusal of defendant’s declarations of law, extended the statute to a case of negligence in the delivery of the telegram.
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Appeal from the Jackson Circuit Gowt. — Hon. R. H. Field, Judge. (1) Defendant contended in the circuit court that this statute applied only to the transmission of the message and that the transmission was required to be done “promptly and with impartiality and good faith.” The circuit court, as will be perceived from its finding of facts and its refusal of defendant’s declarations of law, extended the statute to a case of negligence in the delivery of the telegram. This statute hsis recently been construed by the supreme court of Missouri in lane. The court said, per Bkace, J.: “This section…
1ConcurrenceEllison, J.
(concurring.) — Judge Hill and I concur in the foregoing opinion solely on the authority of Connell v. Tel. Co., 108 Mo. 439. If that case was not a controlling authority upon us under the constitution, we should rule that section 2725, Revised Statutes, 1889, in enacting that a telegraph company should “provide sufficient facilities at all its offices for the dispatch of the business of the public * * * and on payment or tender of their usual charges for transmitting dispatches * * * to transmit the same promptly and with impartiality and good faith, under a penalty of $200 for every neglect…
2Cases cited3 opinions
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Brashears v. Western Union Telegraph Co.Missouri Court of Appeals · 1891
- Little Rock & Fort Smith Telegraph Co. v. DavisSupreme Court of Arkansas · 1883