Legal Opinion

Wichelman v. Western Union Telegraph Co.

Appellate Terms of the Supreme Court of New York

Decided February 15, 1900PublishedCited by 5 opinions

Appeal from a judgment, in favor of the defendant, rendered in the Municipal Court of the city of New York, first district, borough of Manhattan.

1Opinion of the CourtLeventritt, J.

This action was brought to recover a penalty under section 103 of the Transportation Corporations Law (Laws of 1890, chap. 566) by which telegraph and telephone companies are required to receive despatches and “ transmit the same with impartiality and in good faith and in the order in which they are received ” and in the event of failure so to do, are made liable for a penalty of $100 recoverable in a suit by the sender.

■On the 1st day of September, 1898, the plaintiff filed with the defendant, at its office in the city of New York, a message for telegraphic transmission to one J. L. Thompson…

2Cited by5 opinions

  1. Kevand v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913
  2. Hearn v. Western Union Telegraph Co.Appellate Terms of the Supreme Court of New York · 1901
  3. Meyers v. Western Union Telegraph Co., New York County Courts1913
  4. Petze v. Western Union Telegraph Co.Appellate Division of the Supreme Court of the State of New York · 1908
  5. Rose v. New York Telephone Co.Appellate Terms of the Supreme Court of New York · 1914

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