Ayres v. Western Union Telegraph Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Western Union Telegraph Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 25th day of April, 1901, denying the defendant’s motions to set aside the verdict theretofore rendered in favor of the plaintiff and for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The action is brought to recover for the damages sustained by the plaintiff by reason of the failure of the defendant to deliver a *151telegram sent by the plaintiff from Monmouth Beach, N. J., to Far Rockaway, N. Y. The complaint alleges that a messenger •of the defendant delivered to the plaintiff at his residence at Monmouth Beach a telegram from Far Rockaway, asking the plaintiff, who was a physician and surgeon, if he would perform a surgical operation upon the sender of the telegram at Far Rockaway on the following Wednesday, and requesting an immediate reply; that this…
2Cases cited3 opinions
- Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
- Kiley v. . Western Union Telegraph Co.New York Court of Appeals · 1888
- Will v. Postal Telegraph Cable Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Baker v. Western Union Telegraph Co.Missouri Court of Appeals · 1926
- Altman v. Western Union Telegraph Co.Appellate Terms of the Supreme Court of New York · 1903
- Collata v. Western Union Telegraph Co.Mississippi Supreme Court · 1919
- Keeting v. Western Union Telegraph Co.Missouri Court of Appeals · 1916