Birney v. New York & Washington Printing Telegraph Co.
Court of Appeals of Maryland
Appeal from the court of Common Fleas. Action brought, January 8th, 1859, by the appellant against the appellee, for that the defendant is publicly engaged in the business of telegraphing or transmitting messages or despatches from Baltimore to New York, for a price or consideration, and the plaintiff delivered to the defendant, on the 10th of November 1858, at its place of business in Baltimore, a certain message or despatch, to be transmitted on that day to the firm of…
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Appeal from the court of Common Fleas. Action brought, January 8th, 1859, by the appellant against the appellee, for that the defendant is publicly engaged in the business of telegraphing or transmitting messages or despatches from Baltimore to New York, for a price or consideration, and the plaintiff delivered to the defendant, on the 10th of November 1858, at its place of business in Baltimore, a certain message or despatch, to be transmitted on that day to the firm of Drake & Carter, in New York, which the defendant received for that purpose, and the plaintiff paid defendant the amount…
1Opinion of the CourtGoldsboroucui, J.
The action in this case was instituted in the Court of Common Pleas of Baltimore city, by the appellant against the appellee, to recover damages for the total neglect to send, or transmit, a message, or despatch, received by the appellee to be transmitted.
The appellee pleaded, that it did not enter into the contract alleged in plaintiff’s declaration, for the transmission of the telegraphic despatch, or message, named therein.
At the trial of the cause an admitted statement of facts, and the evidence offered by the appellee, were submitted to the jury. The appellant, then offered three…
2Cases cited8 opinions
- Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843
- Armstrong v. Risteau's LesseeCourt of Appeals of Maryland · 1853
- Inloes v. American Exchange BankCourt of Appeals of Maryland · 1857
- Giles v. FauntleroyCourt of Appeals of Maryland · 1859
- Grove v. BrienCourt of Appeals of Maryland · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Baird v. Chesapeake & Potomac Telephone Co.Court of Appeals of Maryland · 2001
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
30 more not listed; retrieve them via the Exa API.