Kendall v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from the Camden Circuit Court. — Hon. Argus Cox, Judge. ■ (1) The evidence is without contradiction that the message was promptly transmitted from Salem. The law presumes that it reached Lebanon promptly. The burden of proof is on plaintiff to show delay in transmission. The evidence is wanting in any affirmative proof that there was any delay in transmission. If there was delay at all, it was in the delivery and not in the transmission of the message.
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Appeal from the Camden Circuit Court. — Hon. Argus Cox, Judge. ■ (1) The evidence is without contradiction that the message was promptly transmitted from Salem. The law presumes that it reached Lebanon promptly. The burden of proof is on plaintiff to show delay in transmission. The evidence is wanting in any affirmative proof that there was any delay in transmission. If there was delay at all, it was in the delivery and not in the transmission of the message. And for delay in delivery, the statute imposes no penalty. 2 Revised Statutes, p. 694, sec. 2725; Connell v. Tel. Co., 18 S. "W. Rep.…
1Opinion of the CourtSmith, P. J.
— The plaintiff brought this suit before a justice of the peace to recover of defendant telegraph company the' statutory penalty of $200 for the neglect on the part of defendant to transmit a certain dispatch promptly and with impartiality and good faith. Revised Statutes, section 2725.
At a trial of the cause in the circuit court where the plaintiff had judgment, and from which this appeal is prosecuted, it appeared from the evidence that at 7:45 a. M. of June 15, 1892, the plaintiff delivered a day dispatch to the defendant’s operator at Salem, in Dent county, for transmission to W. E.…
2Cases cited1 opinion
- Smith-Frazier Boot & Shoe Co. v. Western Union Telegraph Co.Missouri Court of Appeals · 1892
3Cited by6 opinions
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Grant v. Western Union Telegraph Co.Missouri Court of Appeals · 1911
- Paul v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Covell v. Western Union Telegraph Co.Missouri Court of Appeals · 1912
- Neet v. Western Union Tel. Co.Missouri Court of Appeals · 1913
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