Paul v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Eon, N. D. Thurmond, Special Judge. (1) This statute is highly penal and must be strictly construed and "the offense proven must come clearly within its terms. Is confined to negligence in transmission or delivery and liability under-it cannot be enlarged. Edington v. Telegraph Co., 115 Mo. App. 98: Connell v. Telegraph Co., 108 Mo. 459; Cowan v. Telegraph Co., 149 Mo.
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Appeal from Montgomery Circuit Court. — Eon, N. D. Thurmond, Special Judge. (1) This statute is highly penal and must be strictly construed and "the offense proven must come clearly within its terms. Is confined to negligence in transmission or delivery and liability under-it cannot be enlarged. Edington v. Telegraph Co., 115 Mo. App. 98: Connell v. Telegraph Co., 108 Mo. 459; Cowan v. Telegraph Co., 149 Mo. App. 407; Wagner v. Telegraph Co., 133 S. W. 91; Peterson v. Telegraph Co., 37 N. E. 810. (2) The demurrer at close of all the testimony should have been sustained, (a) No offense under…
1Opinion of the CourtReynolds, P. J.
This is an action under section 3330, Revised Statutes 1909, for the penalty given by that statute for failure on the part of defendant to use due diligence in transmitting and delivering a message delivered to it, and for failure to place the same in the hands of the addressee promptly and with impartiality and in good faith.
When the case was called for hearing before this court, counsel for appellant suggested that we had no jurisdiction inasmuch as the construction of the Con*237stituti'on of the United States and of this state was involved in the determination of the cause, and asked that the…
2Cases cited6 opinions
- Hartzler v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Logan v. FieldSupreme Court of Missouri · 1905
- Barrett v. Western Union Telegraph Co.Missouri Court of Appeals · 1890
- Grant v. Western Union Telegraph Co.Missouri Court of Appeals · 1911
- Kendall v. Western Union Telegraph Co.Missouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. GibsonSupreme Court of Iowa · 1919
- Cox v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1934
- Hook v. St. Louis Public Service CompanyMissouri Court of Appeals · 1956
- Geddes v. McElroySupreme Court of Iowa · 1915
- Elliott v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.