Halsted 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 tl;e office of the clerk of the county of Kings on the 24th day of April, 1906, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 20th day of April, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Dissent
Gaynor, J. (dissenting).:
The plaintiffs were the receivers of the message. The' contract limiting the defendant’s liability was with the sender, not with the receivers, of the message. The receivers are not bound by it. It does not even purport.to. limit the liability of the company to them.' This action is not based on it, but on a negligent breach of the duty which the defendant owed to the- plaintiffs to deliver to them the message in the words in.which it:received it from the sender. The defendant is á. public-service corporation, exercises'” a sort of public office” (New Jersey Steam…
2Cases cited16 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
- McCord v. Western Union Telegraph Co.Supreme Court of Minnesota · 1888
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