392.170. Liability for negligence in transmitting and delivering messages--not to disclose contents--penalty. - Missouri Statutes

Liability for negligence in transmitting and delivering messages--notto disclose contents--penalty.

392.170. Every telephone or telegraph company now organizedunder the laws of this state, and every telephone or telegraphcompany now organized, or which may hereafter be organized underthe laws of any other state or territory, and doing business inthis state, shall be liable for special damages occasioned by thefailure or negligence of their operators or servants inreceiving, copying, transmitting or delivering dispatches; andfor the disclosure of any of the contents of any privatedispatches to any person other than to him to whom it wasaddressed, or to his agent, they shall be liable to the sender ofthe dispatch, and to the person to whom it was addressed, in thesum of fifty dollars to each, recoverable by any action before amagistrate, and for all special damages in addition thereto.

(RSMo 1939 § 5334)

Prior revisions: 1929 § 4929; 1919 § 10140; 1909 § 3334

(1957) This section does not dispense with the element of proximate cause, but telephone company is liable for neglect or refusal to transmit notice of fire to fire department within reasonable time after it has notice thereof, and under pleadings question of proximate cause was jury question. Jennings v. Southwestern Bell Tel. Co. (Mo.), 307 S.W.2d 464.