Legal Opinion

Petze v. Western Union Telegraph Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 9, 1908Published

Appeal by the plaintiff, Frederic H. Petze, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn,in favor of the. defendant, rendered on the 28th day of January, 1908, dismissing the complaint at the close of the, plaintiff’s case.

1Opinion of the Court

Rich, J.:

Section 103 of the Transportation Corporations Law (Laws of 1890, chap. 566) provides: “ Every such corporation shall receive despatches from and for other telegraph or telephone lines. or cor- . porations, and from and for any individual, and on payment of the usual charges by individuals for transmitting despatches as established by the rules and regulations of such corporation, transmit the same with impartiality and good faith and in the order in which they are received, and if it neglects or refuses so to do, it shall pay one hundred dollars for every such refusal or neglect to…

2Cases cited3 opinions

  1. Western Union Telegraph Co. v. SwainIndiana Supreme Court · 1887
  2. Wichelman v. Western Union Telegraph Co.Appellate Terms of the Supreme Court of New York · 1900
  3. State v. Western Union Telegraph Co.Supreme Court of Arkansas · 1905

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