Any telegraph company owning or operating a telegraph line wholly or partly in this
state, and engaged in transmitting messages for a consideration, who shall negligently
fail promptly to transmit and deliver to the addressee, any message received by such
company or by any of its agents or employees for transmission, shall be liable to
the sender of such message in a penalty for $50, and in addition thereto, shall be
liable to both the sender and to the addressee of such message for all damages which
they or either of them may sustain in consequence of such negligent failure promptly
to transmit and deliver any message so received for transmission as aforesaid, and
the company shall not be relieved from such penalty or liability by any stipulation
or notice to the contrary; provided, that the provisions of this section relative
to the delivery of messages shall apply only to deliveries in incorporated cities
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