Will v. Postal Telegraph Cable Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Postal Telegraph Cable Company, from a judgment of the Supreme Court in favor,of the plaintiffs, entered in the office of the clerk of the county of Erie on the 14th day of June, 1895, upon the verdict of a jury rendered after a trial at the Erie Circuit. This action was brought to recover damages caused by the defendant’s failure to transmit a message sent by the plaintiffs to one of their firm in reply to a prior message received from him.
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Appeal by the defendant, the Postal Telegraph Cable Company, from a judgment of the Supreme Court in favor,of the plaintiffs, entered in the office of the clerk of the county of Erie on the 14th day of June, 1895, upon the verdict of a jury rendered after a trial at the Erie Circuit. This action was brought to recover damages caused by the defendant’s failure to transmit a message sent by the plaintiffs to one of their firm in reply to a prior message received from him. The facts, so far as material, are referred to in the opinion.
1Opinion of the Court
Adams, J.:
It is now a well-settled rule of law that corporations may restrict their common-law liability by express stipulation. This rule has its limitations, however, and such advantage has been taken of the opportunity which it affords to certain classes of corporations to escape all liahility upon their contracts, that the tendency of the courts has very properly heen in the direction of its restriction rather than expansion. (Breese v. U. S. Tel. Co., 48 N. Y. 141; Nicholas et al. v. N. Y. C. & H. R. R. R. Co., 89 id. 370; Kenney v. N. Y. C. & H. R. R. R. Co., 125 id. 422; Mowry v. W. U.…
2Cases cited2 opinions
- Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
- Cross v. National Fire InsuranceNew York Court of Appeals · 1892
3Cited by6 opinions
- Johnston v. FargoAppellate Division of the Supreme Court of the State of New York · 1904
- Ayres v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Bernard v. United Life InsuranceAppellate Terms of the Supreme Court of New York · 1896
- Bertuch v. United States & Hayti Telegraph & Cable Co.Appellate Terms of the Supreme Court of New York · 1913
- Halsted v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1907
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