Waring v. United States Telegraph Co.
New York Court of Common Pleas
Appeal by defendants from a judgment entered on the verdict of a jury at trial term. Action for negligence in sending a telegraph message. On the trial the plaintiffs put in evidence the correspondence referred to in the opinion, and to its admission an exception was taken by the defendants.
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Appeal by defendants from a judgment entered on the verdict of a jury at trial term. Action for negligence in sending a telegraph message. On the trial the plaintiffs put in evidence the correspondence referred to in the opinion, and to its admission an exception was taken by the defendants. The material parts of the letter of the plaintiffs, containing their statement of their claim against the company is as follows : Pittsburgh, March 13thy 1865. Jambs McKays, Esq., . Pres. U. S. Telegraph Co. Sir—On the 16th of December, 1864, we received from J. Macy’s Sons, New York, a communication…
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—The defendants rest *236their application for a new trial upon one ground solely, that it was error on the part of the court to allow the letters which had passed between the 13th of March and the 19th of September, 1865, to be used as evidence in the cause, and the plaintiffs have furnished no answer to it. The correspondence was objected to as irrelevant, and it certainly was, as it took place after the cause of action had arisen, and had relation to the settlement of the plaintiffs’ claim without suit. The first letter of March 13th is an elaborate statement in…
2Cases cited5 opinions
- Williams v. . FitchNew York Court of Appeals · 1859
- Gillet v. MeadNew York Supreme Court · 1831
- Clark v. CrandallNew York Supreme Court · 1848
- Anthoine v. CoitThe Superior Court of New York City · 1829
- Moore v. SmithSupreme Court of Pennsylvania · 1826
3Cited by9 opinions
- Learned v. . TillotsonNew York Court of Appeals · 1884
- City of Chicago v. McKechneyIllinois Supreme Court · 1903
- Snead v. CommonwealthSupreme Court of Virginia · 1924
- La Bau v. VanderbiltNew York Surrogate's Court · 1879
- Mt. Morris Electric-Light Co. v. United States Horse & Cattle Show SocietyNew York Court of Common Pleas · 1894
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