Baldwin v. United States Telegraph Co.
New York Supreme Court
rill-IE defendants are a corporation, duly incorporated X under the acts of April 12, 1848, and June 29, 1853, and the various acts amending the same, whose general business is to receive and transmit messages over certain lines of wire through the State of Blew York, and other states. One of their lines extends from Syracuse, BT.
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rill-IE defendants are a corporation, duly incorporated X under the acts of April 12, 1848, and June 29, 1853, and the various acts amending the same, whose general business is to receive and transmit messages over certain lines of wire through the State of Blew York, and other states. One of their lines extends from Syracuse, BT. Y., to Bouseville, in the State of Pennsylvania; another corporation, incorporated under the same act, and which transacts the same kind of business, had a like telegraph line extending from Ogdensburgh to Syracuse, BÍ. Y, and was called “ The United States Branch…
1Opinion of the Court
*512By the Court,
Potter, J.
The questions to be decided,here do not call for an adjudication upon the merits, or upon the rule of damages, if the plaintiffs’ pleading shall be sustained; but the.questions are strictly such as shall test the pleadings we have specified in the -statement of the case; and, ' ' .
First. As to the sixth answer of the defendants. In testing .this as a pleading, we may take into consideration that it is made the duty of the defendants by statute (Sess. Laws of 1855, ch. 559) to transmit the plaintiffs’ message, which they received from “ The United States Branch Telegraph…
2Cited by5 opinions
- Bryant v. Western Union Tel. Co.U.S. Circuit Court for the District of Kentucky · 1883
- Hammond v. EarleNew York Supreme Court · 1880
- Pate v. AllisonSupreme Court of Georgia · 1902
- Birkett v. Western Union Telegraph Co.Michigan Supreme Court · 1894
- First National Bank v. Western Union Telegraph Co.Ohio Supreme Court · 1876