Pearsall v. Western Union Telegraph Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1887, which affirmed a judgment in favor'of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages alleged to have been caused by defendant’s failure to transmit correctly a telegraphic message.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 13, 1887, which affirmed a judgment in favor'of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages alleged to have been caused by defendant’s failure to transmit correctly a telegraphic message. In July, 1884, the plaintiff was a member of the firm of T. W. Pearsall & Co., bankers and brokers, engaged in business at the Mills Building, Mo. 17 Broad street in the city of Mew York. At about…
1Opinion of the Court
Follett, Ch. J.
This action was tried and a recovery had at Circuit, which was sustained at the General Term on the theory that the contract between the parties was the one implied by law when a telegraph company receives, without conditions, a message for transmission. Among other obligations implied in such a case, is the duty to accurately transmit and deliver to the addressee the message received, which in this case defendant failed to do, as it admits, by reason of the mistake of the operator who received and undertook to send forward the communication. Under such a contract a telegraph…
2Cases cited12 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Dorr v. . New Jersey Steam Navigation CompanyNew York Court of Appeals · 1854
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Bayne v. JenkinsSupreme Court of Missouri · 1980
- Rudd v. . RobinsonNew York Court of Appeals · 1891
- Weld v. . Postal Telegraph-Cable Co.New York Court of Appeals · 1910
- Reid v. RobinsonCalifornia Court of Appeal · 1923
- Western Union Telegraph Co. v. NorrisCourt of Appeals of Texas · 1901
24 more not listed; retrieve them via the Exa API.