Curtin v. Western Union Telegraph Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the General Term of the City Court of New York, reversing a judgment in her favor, rendered by the trial judge, without a jury, and ordering a new trial.
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Appeal by the plaintiff from an order of the General Term of the City Court of New York, reversing a judgment in her favor, rendered by the trial judge, without a jury, and ordering a new trial. The action was brought to recover damages for the nondelivery of a telegraphic message received by the defendant in St. Louis, from Henry Curtin, and addressed to his sister, the plaintiff, in Hew York, advising her of the death'of their brother, and was in .these words: “ St. Louis, Mo., July 12, 1892. ., “ To Maggie A. Cuetim, 12 Hubert St., Hew York: . “ Con. died this morning. Can you come? ” « H.…
1Opinion of the CourtDaly, P. J.
A telegraph ■ company incorporated under the general statutes of this state may, by contract, limit its liability for' mistakes or delays in the transmission or delivery, or for the nondelivery of messages, caused by the negligence of its servants if. the negligence'be not gross. . Pearsall v. Western Union Telegraph Company, 124 N. Y. 256, 267. The stipulation for exemption from liability contained in the printed blank of the company, upon' which the sender writes his message, constitutes a contract which, binds him and the person to whom the message is addressed,.if the *349assent of the sender…
2Cases cited6 opinions
- Western Union Telegraph Co. v. HallSupreme Court of the United States · 1888
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
- Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
- Kiley v. . Western Union Telegraph Co.New York Court of Appeals · 1888
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3Cited by2 opinions
- Coit v. Western Union Telegraph Co.California Supreme Court · 1900
- Halsted v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1907