Will v. Postal Telegraph Cable Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from circuit court. Action by William 0. Will and another against the Postal Telegraph Cable Company. The action was brought to recover damages caused by the defendant’s failure to transmit a message sent by the plaintiffs to one of their firm in reply to a prior message received from him. From a judgment for plaintiff for $555.25, defendant appeals. Affirmed.
1Opinion of the CourtAdams, J.
It is now a well-settled rule of law that corporations may restrict their common-law liability by express stipulation. This rule has its limitations, however; and such advantage has been taken of the opportunity which it affords to certain classes of corporations to escape all liability upon their contracts that the tendency of the courts has very properly been in the direction of its restriction, rather than expansion. Breese v. Telegraph Co., 48 N. Y. 141; Nicholas v. Railroad Co., 89 N. Y. 370; Kenney v. Railroad Co., 125 N. Y. 422, 26 N. E. 626; Mowry v. Telegraph Co., 51 Hun, 126, 4 N.…
2Cases cited5 opinions
- Forward v. Continental InsuranceNew York Court of Appeals · 1894
- Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
- Cross v. National Fire InsuranceNew York Court of Appeals · 1892
- Kenney v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
- Mowry v. Western Union Telegraph Co.New York Supreme Court · 1889
3Cited by3 opinions
- Baker v. Western Union Telegraph Co.Missouri Court of Appeals · 1926
- Keeting v. Western Union Telegraph Co.Missouri Court of Appeals · 1916
- Helfend v. California BankCalifornia Court of Appeal · 1931