Sprague v. Western Union Telegraph Co.
New York Court of Common Pleas
Appeal by defendant from, a judgment of the Marine Court of the city of Hew York, affirming a judgment of that court entered on a decision of a judge of that court, after a trial before him without a jury. The action was brought against the defendant to recover damages for neglect in failing to send a message intrusted to it for transmission by the plaintiff. The facts are fully stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
It was not necessary, to entitle the plaintiff to recover, to show that the person to whom the message was addressed was in Buffalo at the time when the message was delivered to the defendants for transmission, as it was shown by the witness whom the defendants called that the message had never been sent.
The clerk, or telegrapher, to whom it was delivered, was told, when the message was handed to him by Mr. McCarthy, that it was about a cause in Buffalo that was expected to be called, and that it was of great importance that the party sending it should get a…
2Cases cited1 opinion
- De Rutte v. New York, Albany & Buffalo Electric Magnetic Telegraph Co.New York Court of Common Pleas · 1866
3Cited by8 opinions
- Kerr Steamship Co. v. Radio Corp. of AmericaNew York Court of Appeals · 1927
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- White v. Western Union Telegraph Co.United States Circuit Court · 1882
- Birkett v. Western Union Telegraph Co.Michigan Supreme Court · 1894
- Mowry v. Western Union Telegraph Co.New York Supreme Court · 1889
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