Sturgis v. American District Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, American District Telegraph Company, from a judgment of the Supreme Court in favor' of the plaintiffs, entered in the office of the clerk of the county of New York on the 6th day of January, 1922, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of January, 1922, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The plaintiffs are brokers. They wanted a messenger to carry stocks and bonds from their house to other brokers. They had in their office a call box of the defendant, but, instead of using that call box, for some reason unexplained they went out into the hall of their building and saw the Western Union operator and told her they wanted a messenger, a bond and stock runner, which apparently meant a messenger to carry bonds and stocks. The Western Union is not shown to have had any financial interest in the defend*830ant company, so that this Western Union operator cannot be deemed to be…
2Cases cited2 opinions
- Haskell v. Boston District Messenger Co.Massachusetts Supreme Judicial Court · 1906
- Hirsch v. American District Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Booker v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1923
- F. & L. Manufacturing Co. v. Jomark, Inc.Appellate Terms of the Supreme Court of New York · 1929