Legal Opinion

Klein v. Western Union Telegraph Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1939PublishedCited by 9 opinions

1Opinion of the CourtO’Malley, J.

The question presented is what liability, if any, attaches to the defendant for having received, transmitted and delivered to nine separate addressees a telegram concerning the plaintiff which, as between the sender and the plaintiff, is coneededly libelous, per se.

*337The message received over the phone read as follows:

“ The officers do not refuse to remove picket lines from the United Stores STOP The membership flatly refuse to be sold out to Kline and his gang for a starving wage STOP They defy him to prove that his list and membership is available for any labor organization STOP They defy…

2Cases cited7 opinions

  1. Flynn v. Western Union Telegraph Co.Wisconsin Supreme Court · 1929
  2. Amory v. VreelandAppellate Division of the Supreme Court of the State of New York · 1908
  3. Nye v. Western Union Tel. Co.U.S. Circuit Court for the District of Minnesota · 1900
  4. Western Union Telegraph Co. v. BrownCourt of Appeals for the Eighth Circuit · 1923
  5. Paton v. Great Northwestern Telegraph Co. of CanadaSupreme Court of Minnesota · 1919

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Barry M. Goldwater v. Ralph Ginzburg, Warren Boroson, and Factmagazine, Inc.Court of Appeals for the Second Circuit · 1969
  2. O'Brien v. Western Union Telegraph Co.Court of Appeals for the First Circuit · 1940
  3. Figari v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1969
  4. Von Meysenbug v. Western Union Telegraph Co.District Court, S.D. Florida · 1944
  5. Western Union Telegraph Co. v. LesesneCourt of Appeals for the Fourth Circuit · 1950

4 more not listed; retrieve them via the Exa API.

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