57 Ind. App. 93 | Ind. Ct. App. | 1914
Action to recover the statutory penalty for failure to transmit and deliver at Evansville, Indiana, a telegram filed by plaintiff for transmission at Shoals, Indiana. The complaint averred discrimination and failure to transmit the message in the order of time in which it was received, and failure to deliver, and alleged that the charge of thirty-one cents for transmitting and delivering the dispatch was paid at the time of presenting the message for transmission. The errors discussed arise upon the court’s overruling appellant’s motion for new trial. Section 5780 Burns 1914, Acts 1885 p. 151, provides: “That every telegraph company with a line of wires wholly or partly within this State, and engaged in doing a general telegraphic business, shall, during the usual office hours, receive dispatches, whether from other telegraph lines, or other companies, or individuals, and shall, upon the usual terms, transmit the same with impartiality and in good faith, and in the order of time in which they are received, and shall in no manner discriminate in rates charged, or words or figures charged for, or manner or conditions of service between any of its patrons, but shall serve individuals, corporations and other
The judgment is affirmed.
Note. — Reported in 104 N. E. 771. As to what are elements of damage to be considered for failure to deliver telegraphic message, see 10 Am. St. 778; 117 Am. St. 286; 53 E. R. A. 738. As to the validity of a stipulation on a telegraph blank requiring claims for damages or a statutory penalty to be presented within a certain time, see 4 Ann. Cas. 613; 14 Ann. Cas. 192; Ann. Cas. 1912 B 520. As to state statutes imposing penalties on telegraph companies for not transmitting and delivering messages properly, see 31 L. R. A. 807. As to the question whether the transmission of a message between points in same state over a line part of which is in another state is interstate commerce, see 28 E. R. A. (N. S.) 985. See, also, under (1) 37 Cyc. 1688; (2) 31 Cyc. 1331; (3) 37 Cye. 1728; (4, 5) 37 Cyc. 1740; (6) 37 Cye. 1703; (7) 37 Cyc. 1705; (8) 7 Cyc. 450; (9) 2 Cyc. 980.