392.350. Liability for loss or damage.
Liability for loss or damage.
392.350. In case any telecommunications company shall do orcause to be done or permit to be done any act, matter or thingprohibited, forbidden or declared to be unlawful, or shall omitto do any act, matter or other thing required to be done by thischapter or by any order or decision of the commission, suchtelecommunications company shall be liable to the person orcorporation affected thereby for all loss, damage or injurycaused thereby or resulting therefrom, and in case of recovery,if the court shall find that such an act or omission was willful,it may, in its discretion, fix a reasonable counsel or attorney'sfee, which fee shall be taxed and collected as a part of thecosts in the action. An action to recover for such loss, damageor injury may be brought in any court of competent jurisdictionby any such person or corporation.
(RSMo 1939 § 5666; A.L. 1987 H.B. 360)Prior revisions: 1929 § 5210; 1919 § 10498
(1984) The term "all damages" includes punitive damages and any allowance of attorney''s fees, in the court''s discretion as a means of equalizing the disparate positions of the parties. The term "willful", as used in this section, is not the level of intent needed for criminal liability of for punitive damages in tort cases. Overman v. Southwestern Bell Telephone Co. (Mo.App.W.D.), 675 S.W.2d 419.