Legal Opinion

Kevand v. New York Telephone Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1913PublishedCited by 2 opinions

Appeal by the defendant New York Telephone Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 21st day of June, 1912, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of June, 1912, denying defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Merrell, J.:

This action is brought to recover statutory penalties which plaintiff claims defendant incurred under section 103 of the Transportation Corporations Law (Consol. Laws, chap. 63; Laws of 1909, chap. 219) as the result of cutting off his telephone service on the 1st, 2d and 3d days of February, 1912. Section 103 of the Transportation Corporations Law, which it is urged defendant violated, provides as follows: “ Every such corporation shall receive dispatches from and for other telegraph or telephone lines or corporations, and from and for any *629individual, and on payment of the usual…

2Cases cited5 opinions

  1. Goodspeed v. Ithaca Street Railway Co.New York Court of Appeals · 1906
  2. Romberg v. KoutherAppellate Terms of the Supreme Court of New York · 1899
  3. Wichelman v. Western Union Telegraph Co.Appellate Terms of the Supreme Court of New York · 1900
  4. Gifford v. Glen Telephone Co.New York Supreme Court · 1907
  5. Wysocki v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by2 opinions

  1. Rose v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1914
  2. Rose v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1914

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