McColl v. Western Union Telegraph Co.
The Superior Court of New York City
Appeal by defendant from a verdict directed by the court, subject to the opinion of the court at general term. The action was brought by Duncan McColl against the Western Union Telegraph Company, to recover certain commissions, which the plaintiff claimed he would have earned had the charters of vessels been concluded, which were lost from the defendant’s failure in due time to deliver a telegraphic message.
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Appeal by defendant from a verdict directed by the court, subject to the opinion of the court at general term. The action was brought by Duncan McColl against the Western Union Telegraph Company, to recover certain commissions, which the plaintiff claimed he would have earned had the charters of vessels been concluded, which were lost from the defendant’s failure in due time to deliver a telegraphic message. In April, 1872, the plaintiff was a commission and shipping merchant and broker at the city of New York. James W. Carmichael & Co., at New Glasgow, N. S., had advised him that their two…
1Opinion of the Court
By the Court.—Curtis, Ch. J.†
The defendant urges that the verdict for the plaintiff cannot be sustained, because the damages awarded him were not within the contemplation of the defendant when he made the contract, and that this case is governed by what was held in Baldwin v. United States Tel. Co., 45 N. Y. 744.
In the present case, the text of the message which the defendant failed to transmit until after a delay of several days, indicates upon its face no occasion for special care, or the involving of the chartering of the vessels. There was no notice or information of any fact given to the…
2Cases cited11 opinions
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
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3Cited by3 opinions
- White v. Western Union Telegraph Co.United States Circuit Court · 1882
- Mowry v. Western Union Telegraph Co.New York Supreme Court · 1889
- Taggart v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1921