Western Union Telegraph Co. v. Morgan

Citations

• 92 Miss. 108
• 45 So. 427

Syllabus

<p>1. Telegraph Company. Delivery of messages. Statutory Penalty. Code 1906 alleged “§ 4879a.”</p> <p>The paragraph found in Code 1906, designated “§ 4879a,” purporting to impose a penalty on telegraph companies for failure to promptly deliver messages, is no part of the statute law of the state and its publication in the Code was unauthorized. [See ■ Laws 1908, ch. 76, p. 65, enacting a statute in the words of the pretended code section.]</p> <p>2. Same. Instruction.</p> <p>In a suit against a telegraph company for failure to deliver a message, the issue being whether the company exercised reasonable diligence in delivering or attempting to deliver it, an instruction directing a verdict for the plaintiff if the message were not delivered at a designated hour is erroneous.</p>