Legal Opinion · Dissent

Rose v. New York Telephone Co.

Appellate Terms of the Supreme Court of New York

Decided June 5, 1914Published

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Fanny Rose and another against the New York Telephone Company to recover the amount of a statutory penalty. Judgment for plaintiffs, and defendant appeals.

1DissentGuy, J.

The defendant appeals from a judgment in favor of plaintiffs for the amount of a penalty alleged to have been incurred through defendant’s violation of section 103 of the Transportation Corporations Law (Laws of 1909, c. 219 [Consol. Laws, c. 63]), which provides that:

*1023“Every such corporation shall receive dispatches from and for other telegraph or telephone lines or corporations, and from and for any individual, and on payment of the usual charges by individuals for transmitting dispatches as established by the rules and regulations of such corporation, transmit the same with impartiality and…

2Cases cited7 opinions

Cumberland Telephone & Telegraph Co. v. KellyCourt of Appeals for the Sixth Circuit · 1908
Wichelman v. Western Union Telegraph Co.Appellate Terms of the Supreme Court of New York · 1900
Pollard v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1905
In re Baldwinsville Telephone Co.New York Supreme Court · 1898
Saltzburg v. Utica Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913

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