Wilcox v. American Telephone & Telegraph Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 20, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 20, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Failure of plaintiff to read the instrument in question or to have it read to him was not such negligence as deprived him of the right to show that the instrument was obtained by mistake of plaintiff and by means of…
1Opinion of the CourtCullen, J.
The action was brought in ejectment to recover lands in the highway occupied by the defendant’s poles, and for damages. On the trial the plaintiff proved title to the locus in quo and the entry thereon by the defendant and the erection of its poles. The defendant then put in evidence an instrument under seal executed by the plaintiff some years after the original entry on the highway, whereby the plaintiff in consideration of one dollar granted to the defendant the right to construct, operate and maintain its lines over and along the plaintiff’s property. The plaintiff admitted his signature…
2Cases cited6 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
- Welles v. . YatesNew York Court of Appeals · 1871
- Cleary v. Municipal Electric Light Co.New York Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Farrington v. Harlem Savings BankNew York Court of Appeals · 1939
- Angerosa v. White Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Peter W. Kero, Inc. v. Terminal Construction Corp.Supreme Court of New Jersey · 1951
- Whipple v. . Brown Brothers Co.New York Court of Appeals · 1919
34 more not listed; retrieve them via the Exa API.