Legal Opinion

Western Union Telegraph Co. v. Gest

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

Decided May 31, 1918PublishedCited by 3 opinions

Appeal by the plaintiff, The Western Union Telegraph Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of October, 1917, dismissing the complaint on the merits upon the decision of the court after a trial at the New York Trial Term before the court without a jury.

1Opinion of the Court

Laughlin, J.:

This is an action to recover the amount of a judgment recovered against the plaintiff by the city of Louisville, in the Circuit' Court, Common Pleas Branch, of Jefferson county, Ky., which is a court of general jurisdiction, together with the expenses of defending the action.

The theory of the action is that the recovery in the State of Kentucky against the plaintiff was for negligence in the execution of work authorized by a permit issued by the department of public works of the city of Louisville to the plaintiff on the 8th day of November, 1907, for laying conduits and laterals…

2Cases cited9 opinions

  1. Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
  2. Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
  3. Phœnix Bridge Co. v. CreemAppellate Division of the Supreme Court of the State of New York · 1905
  4. Bridgeport Fire & Marine Insurance v. WilsonNew York Court of Appeals · 1866
  5. Phoenix Bridge Company v. . CreemNew York Court of Appeals · 1906

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3Cited by3 opinions

  1. Knippenberg v. Lord & TaylorAppellate Division of the Supreme Court of the State of New York · 1920
  2. New York Central Railroad v. BarnetAppellate Division of the Supreme Court of the State of New York · 1920
  3. King v. Capitol Amusement Co.Supreme Court of Alabama · 1930

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