124 Va. 730 | Va. | 1919
delivered the opinion of the court.
I. S. Bowles delivered to the agent of the Western Union Telegraph Company at Bassett a prepaid message to be transmitted to Dr. M. E. Hundley, at Martinsville. The points of origin and destination are both within this State.
No complaint was made of any delay in transmission or delivery, but the message as given to Dr. Hundley was signed “O. S. Bowles,” the first initial of the sender’s name having been changed from “I” to “0”; and the present action was brought by Bowles, based upon this error, to recover the statutory penalty of $100.00, prescribed in section 1294-h, clause 5, of the Code of 1904. There was a verdict and judgment below in his favor.
The decisive question in the case is whether the message, as handled by the company, constituted interstate commerce, and thus lay beyond the realm of State control and regulation. As a matter of established law, we think it did.
[1, 2, 3] In Western Union Telegraph Co. v. Bolling, 120 Va. 413, 91 S. E. 154, Ann. Cas. 1918 C, 1036, the following propositions are shown to be conclusively settled by authority, and are accordingly adopted as law in this jurisdiction: (1) Transmission of intelligence by wire is commerce; (2) The transmission of a telegraph message between two
The fact that the message here involved went in the first instance through Martinsville, and might, if the company’s rules had so required, have been received there without passing out of the State, does not, as contended by the defendant in error, differentiate the case in principle from the Bolling Case. It is true that in the latter case there appeared to be no means of transmitting the message except through a relay point outside of the State; but in the companion case of Western Union Telegraph Co. v. Ma-hone, 120 Va. 422, 91 S. E. 157, decided the same day, the message involved might have been sent from the point of origin to the point of destination without leaving the State; and this court there said: “There is no substantial difference between the law applicable to this (Mahone) Case and that applicable to the case of Western Union Telegraph Co. V. Bolling, this day decided.”
Whether the power of regulation rests with the State or
“Be it enacted by the General Assembly of Virginia, that any message accepted by any telegraph company doing business in this State to be sent to another point in tin's State, shall be deemed to be an intrastate message. Any telegraph company that would give such message as aforesaid the character, or fix upon such message an interstate character by virtue- of the fact that in the course of transit of said message it is relayed or carried out of the State in sending it, shall introduce evidence that the route used in
For the foregoing reasons, and upon the authorities cited in support thereof, the judgment must be reversed.
Reversed.