86-609. Dispatches; unlawful delay or refusal; nondelivery of notice; violation; penalty.
(1) It is unlawful for any telegraph company, any press association or organization engaged in the transmission of telegraph dispatches from any place in this state, or the person having the control or management of the company, association, or organization, to refuse to receive a dispatch from any person, corporation, or telegraph company or to refuse to transmit the dispatch with fidelity and without unreasonable delay.
(2) Upon application to send a dispatch, any telegraph company or its operator, agent, clerk, or servant shall inform the applicant, and write upon the dispatch if required by him or her, that the line is not in working order or that the dispatches already on hand for transmission will occupy the line so that the dispatch offered cannot be transmitted within the time required, if applicable. It is unlawful for any telegraph company or its operator, agent, clerk, or servant to omit or to intentionally give false information to the applicant in relation to the time within which the dispatch offered may be sent.
(3) A violation of this section is a Class V misdemeanor. In addition, such company, association, corporation, or person shall be liable for damages to the person or corporation sustaining a loss by reason of such refusal or failure.
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