Taylor v. Western Union Telegraph Co.

BLAND J.

This is a suit to recover the penalty provided by section 3330, Revised Statutes 1909. The case was tried by the court without the aid of a jury and there being a judgment for plaintiff, defendant has appealed.

Plaintiff, at 6:25 A. M. of August 7, 1917, delivered to the defendant at its office in Kansas City, Missouri, a telegram addressed to Roy McKittrick, at Triplett, Missouri. The message was not delivered until 11:42 A. M. of the same day, to plaintiff’s injury.

*625Defendant’s evidence tended to show that the usual, ordinary and customary way of routing messages from Kansas City,…