Wise v. Western Union Telegraph Co.

Rodney, J.,

delivering the opinion of the Court:

It is conceded that this case is one of first impression and there is some suggestion in the briefs that the acknowledged novelty of the action may be a limitation upon the right to maintain it.

I am of the opinion that the correct answer to the suggestion lies in a determination of whether the term “novelty” applies to the legal principle forming the basis of the action or whether the legal basis being recognized, the “novelty” has application merely to the method by which the principle is enforced. If there be no known legal principle upon which…