Milliken v. Western Union Telegraph Co.
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made March 1, 1886, which affirmed a judgment entered upon an order sustaining a demurrer to the complaint. (Reported below, 21 J. & S. 111.) The averments of the complaint, so far as material to the questions discussed, are as follows: “ III.
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Appeal from order of the General Term of the Superior Court of the city of New York, made March 1, 1886, which affirmed a judgment entered upon an order sustaining a demurrer to the complaint. (Reported below, 21 J. & S. 111.) The averments of the complaint, so far as material to the questions discussed, are as follows: “ III. That the principal business of defendant is to receive and transmit messages by telegraph over certain lines of wire running through the state of New York, and into and through certain states and counties contiguous thereto, and to deliver the same and to receive,…
1Opinion of the Court
Ruger, Ch. J.
The questions involved in this appeal are raised, by a demurrer to the complaint, alleging that it does not state facts sufficient to constitute a cause of action.
' Both the Special and General Terms sustained the demurrer, and ordered judgment for defendant. We are of the opinion, however, that the complaint does state a cause of action.
It must. be assumed, at the outset, that the facts stated therein, as well as such as may, by reasonable and fair intendment, be implied from the allegations made, are true. It is not sufficient, to sustain a demurrer, to show that the facts are…
2Cases cited11 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- White v. . MadisonNew York Court of Appeals · 1862
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Dykers v. . TownsendNew York Court of Appeals · 1861
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- United States Pipe & Foundry Co. v. City of WacoTexas Supreme Court · 1937
- United States Pipe & Foundry Co. v. City of WacoTexas Supreme Court · 1937
- Grossman v. . SchenkerNew York Court of Appeals · 1912
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