Bertuch v. United States & Hayti Telegraph & Cable Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, rendered in favor of the plaintiffs.
1Dissent
Guy, J. (dissenting).
I am constrained to dissent from the opinion of my learned colleagues for the following reasons:
*19This action is not an action upon contract, nor an action in tort growing out of contract, but is an action in tort for damages resulting from the gross negligence of the defendant in sending an nnanthorized telegraph message to an addressee in Brazil, purporting to have been sent by the plaintiffs, the sending and delivery of which, at the time it was sent, was in direct disregard of specific notice given by the plaintiffs to the defendant that the message must not be…
2Cases cited11 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Baker v. . DrakeNew York Court of Appeals · 1873
- Eten v. . LuysterNew York Court of Appeals · 1875
- Fitzwater v. . WarrenNew York Court of Appeals · 1912
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