Baldwin v. . the United States Telegraph Co.
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the fourth judicial district, affirming the judgment of the circuit in favor of the plaintiff for $1,200 damages. Action for damages occasioned by the non-delivery, within a reasonable time, of a dispatch transmitted by the plaintiff over the defendant’s telegraph lines.
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Appeal from the judgment of the General Term of the Supreme Court in the fourth judicial district, affirming the judgment of the circuit in favor of the plaintiff for $1,200 damages. Action for damages occasioned by the non-delivery, within a reasonable time, of a dispatch transmitted by the plaintiff over the defendant’s telegraph lines. The defendant is a corporation formed under the general laws of this State authorizing the incorporation of telegraph companies (Laws of 1848, chap. 265), and at the time of the transactions involved in this action had a line in operation between Syracuse,…
1Opinion of the CourtAllen, J.
Several questions of more or less importance are presented by the appeal in this action, bringing up as it does, not only the trial and the decisions and rulings therein, but the decisions and judgments of the Supreme Court upon the demurrers to several of the answers of the defendant; but in the view we take of the case, it is necessary to consider but one, as that is decisive of the action, except as it may possibly be maintained for the recovery of nominal damages. The defendant was held liable to special damages, largely in excess of any that would ordinarily be in the contemplation of…
2Cases cited5 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- United States Telegraph Co. v. GildersleveCourt of Appeals of Maryland · 1868
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Squire v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1867
- Landsberger v. Magnetic Telegraph Co.New York Supreme Court · 1860
3Cited by78 opinions
- Kenford Co. v. County of ErieNew York Court of Appeals · 1989
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1919
- Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
- Putnam v. . B'dway Seventh Ave. R.R. Co.New York Court of Appeals · 1873
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