Indiana Supreme Court September 15, 1885, No. 11,923 (Western Union Telegraph Co. v. McGuire)

Elliott, J.

The complaint seeks a recovery of the stat*131utory penalty for a failure to transmit a telegraphic message. The answer of the appellant is substantially as follows: “ The defendant says that it did fail and refuse to transmit the message set forth in the complaint, but defendant says that the plaintiff was a stranger in Frankfort and a transient person therein; that the said message