Halsted v. . Postal Telegraph-Cable Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 7,1907, which reversed a judgment in favor of plaintiffs entered upon a verdict, and an order denying a motion for a new trial and granted a new trial. The plaintiffs brought this action to recover from the defendant the damage occasioned to them by the alleged negligence of the latter in erroneously transmitting to them a telegraphic message.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 7,1907, which reversed a judgment in favor of plaintiffs entered upon a verdict, and an order denying a motion for a new trial and granted a new trial. The plaintiffs brought this action to recover from the defendant the damage occasioned to them by the alleged negligence of the latter in erroneously transmitting to them a telegraphic message. The plaintiffs, being manufacturers of beef bags, in the city of New York, received from Armour & Company, of Chicago, a letter, asking…
1Opinion of the CourtGray, J.
It is the plaintiffs’ claim that the defendant is liable to them, as the addressees of the telegraphic message, for the failure to properly perform its duty; from which liability it was not relieved by the terms of its contract with the sender of the message. The argument is made that the defendant, as a public service corporation, “ owes a duty to the public, for the breach of which, a party injured has a right of action, which is unaffected by any contract of limitation, to which the injured person is not a party;” notwithstanding the duty was undertaken by reason of such contract. So far…
2Cases cited5 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Lowery v. . Western Union Telegraph Co.New York Court of Appeals · 1875
- Ellis v. American Telegraph Co.Massachusetts Supreme Judicial Court · 1866
3Cited by16 opinions
- Hazzard v. Chase National BankNew York Supreme Court · 1936
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Gardner v. Western Union Telegraph Co.Court of Appeals for the Eighth Circuit · 1916
- Weld v. . Postal Telegraph-Cable Co.New York Court of Appeals · 1910
- Pilot Industries v. Southern Bell Telephone & Telegraph Co.District Court, D. South Carolina · 1979
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