Duty to transmit telegrams; liability for damages

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    (a)    A telegraph company doing business in this State shall:

        (1)    receive telegrams from and for other telegraph companies and from or for any individual; and

        (2)    except as provided in subsection (b) of this section, transmit telegrams received:

            (i)    in the manner established by the rules and regulations of the telegraph company;

            (ii)    in the order received; and

            (iii)    with impartiality and good faith.

    (b)    Subsection (a) of this section does not apply to a telegraph company that makes an arrangement with newspapers for the transmission of information of general and public interest out of the order received for the purpose of publication.

    (c)    A telegraph company that violates subsection (a) of this section is liable to the person sending or desiring to send the telegram for:

        (1)    $100 for each instance of neglect or refusal to receive or transmit a telegram; and

        (2)    the costs of the suit.


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