Wilkinson v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Howell Comity Circuit Court. — Hon E. P. Dorris, Judge. (1) This action is based upon penal statute and applied only to sucb cases as come clearly within its provision and manifest spirit and interest.
Read the full summary
Appeal from Howell Comity Circuit Court. — Hon E. P. Dorris, Judge. (1) This action is based upon penal statute and applied only to sucb cases as come clearly within its provision and manifest spirit and interest. The' statute does not make a telegram company the insurer of the delivery of messages nor does it require it to employ extraordinary care and diligence to transmit and deliver the same, and the rule is that where there is a doubt such a statute ought not to be construed to inflict a penalty which the Legislature may not have intended. Eddington. v. Western Union Telegraph Co., 11…
1Opinion of the CourtFarrington, J.
N. B. Wilkinson recovered a judgment for $300 against the defendant under section 3330, Revised Statutes of Missouri, 1909, the same being section 10136, Revised Statutes of 1909. While the cause was pending, on appeal in this court he died, and suit was revived in the name of his administratrix.
Appellant assigned several errors. The three propositions submitted here arise under the assignment that the court should have directed a verdict at the close of the trial for the defendant. First, because the plaintiff had not offered any substantial evidence of an unreasonable delay in transmitting…
2Cases cited10 opinions
- Lee v. Western Union Telegraph Co.Missouri Court of Appeals · 1892
- Rixke v. Western Union Telegraph Co.Missouri Court of Appeals · 1902
- Moore v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Eddington v. Western Union Telegraph Co.Missouri Court of Appeals · 1905
- Bradshaw v. Western Union Telegraph Co.Missouri Court of Appeals · 1910
5 more not listed; retrieve them via the Exa API.