Saltzburg v. Utica Home Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Utica Home Telephone Company, from a judgment of the County Court of Oneida county in favor of the plaintiffs, entered in the office of the clerk of said county on the 19th day of November, 1912, upon the verdict of a jury for $100, and also from an order entered in said clerk’s office on the 18th day of December, 1912, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, P. J.:
The judgment from which this appeal is taken is for a penalty under the provisions of section 103 of the Transportation Corporations Law (Consol. Laws, chap. 63; Laws of 1909, chap. 219), which requires every telegraph or telephone corporation on payment of charges to transmit messages with impartiality and good faith and in the order in which they are received, and for every refusal or neglect so to do makes the corporation liable for a penalty of $100, to be paid to the person sending or desiring to send such message.
It is not claimed by the plaintiffs that any particular…
2Cited by3 opinions
- Rose v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1914
- New York University v. ArnoldCivil Court of the City of New York · 1986
- Rose v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1914