Fox v. Postal Telegraph-Cable Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dane county: E. Ray SteveNS, Circuit Judge. Action for damages for negligence respecting delivery of a telegram.
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Appeal from a judgment of the circuit court for Dane county: E. Ray SteveNS, Circuit Judge. Action for damages for negligence respecting delivery of a telegram. These facts were stated for a cause of action: Defendant, a New York corporation, at the city of New York, December 19, 1906, at about noon, Eastern time, received from plaint-' iff a message to be transmitted by its telegraph system to a person in the city of Chicago, at 100 Washington street, for the purpose of avoiding having such person make a useless trip from such city to the city of New York, as he contemplated doing, starting…
1Opinion of the CourtMarshall, J.
It may be conceded for the purposes of this case that the place of the contract between plaintiff and defendant was New York and that by the law of such state the provision on the back of the message was a valid párt of the agreement. Elwood v. W. U. Tel. Co. 45 N. Y. 549; Breese v. U. S. Tel. Co. 48 N. Y. 132; Young v. W. U. Tel. Co. 65 N. Y. 163; Kiley v. W. U. Tel. Co. 109 N. Y. 231, 16 N. E. 75; Pearsall v. W. U. Tel. Co. 124 N. Y. 256, 267, 26 N. E. 534. In connection with that, it must be conceded, since the tort was committed in the state of Illinois, the canse of action, such as there…
2Cases cited19 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- The KensingtonSupreme Court of the United States · 1902
- Knott v. Botany MillsSupreme Court of the United States · 1900
- Candee v. Western Union Telegraph Co.Wisconsin Supreme Court · 1874
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- De Pass v. B. Harris Wool Co.Supreme Court of Missouri · 1940
- Hughes v. FetterWisconsin Supreme Court · 1950
- Hudson v. SheafeSouth Dakota Supreme Court · 1919
5 more not listed; retrieve them via the Exa API.