Baldwin v. United States Telegraph Co.
New York Supreme Court
The plaintiffs, residing at Ogdensburgh, E. Y., were in the month of November, 186d, the joint owners of certain interests in oil property near Rouseville, Venango county. Pa., which they desired to sell. A portion of this property was an incomplete oil well, which was about to.be tested, but the exact.eondition and value of which were unknown to the plaintiffs.
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The plaintiffs, residing at Ogdensburgh, E. Y., were in the month of November, 186d, the joint owners of certain interests in oil property near Rouseville, Venango county. Pa., which they desired to sell. A portion of this property was an incomplete oil well, which was about to.be tested, but the exact.eondition and value of which were unknown to the plaintiffs. The plaintiffs, having received an offer of $3,800 for their interest, from one Thompson, residing in Rochester, N. Y., decided to accept: itj unless the plaintiff, Francis B. Baldwin, who was to go to Rochester and close the bargain,…
1Opinion of the Court
Present — James, Rosekrans, Potter and Bockes, JJ.
By the Court
James, P. J.
The facts in this case are undis puted, and only questions of law are presented upon this appeal. The judgment can only be sustained upon the contract made with the operator of the United States Branch Company at Ogdensburgh. The defendant was the second company upon the line of communication over which the plaintiff’s message was to be transmitted. Hence the important question is fairly presented, how far are intermediate or remote companies, making up the route of transit, liable to senders of messages for their…
2Cases cited11 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- McKyring v. . BullNew York Court of Appeals · 1857
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
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3Cited by4 opinions
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Bryant v. Western Union Tel. Co.U.S. Circuit Court for the District of Kentucky · 1883
- White v. Western Union Telegraph Co.United States Circuit Court · 1882
- Harris Structural Steel Co. v. ChapmanCity of New York Municipal Court · 1937