De Rutte v. New York, Albany & Buffalo Electric Magnetic Telegraph Co.
New York Court of Common Pleas
Appeal by tlio defendant from a judgment of the Special Term on the verdict of a jury. The action was brought against the defendants for damages for the incorrect transmission of a message sent from Yew York by the defendants’ line to the plaintiff in San Francisco. The cause was tried before Beady. -J., and a jury.
Read the full summary
Appeal by tlio defendant from a judgment of the Special Term on the verdict of a jury. The action was brought against the defendants for damages for the incorrect transmission of a message sent from Yew York by the defendants’ line to the plaintiff in San Francisco. The cause was tried before Beady. -J., and a jury. It appeared upon the trial taut the plaintiff was a commission merchant, doing business in San Francisco, California. lie bad a broth or,' Tiieopb.il’;s 3 >e Untie, who was ids agent and correspondent at Bordeaux, in France, but who had otherwise no interest in the plaintiff’s…
1Opinion of the Court
*553By the Court.
Daly, F. J.
We are asked to reverse this judgment upon several grounds. The first ground taken by the defendants is, that their contract was to transmit the dispatch from 2íow York to Buffalo and deliver it there to the connecting line, which they did. That it is made their duty (Statute Laws of New York, for 1844, p. 395, § 11), to receive messages from ánd for other telegraph lines, and that where they transmit and deliver a message correctly to a connecting line, they are not answerable for errors occurring afterwards.
The duty which the statute imposes is as much for the…
2Cases cited1 opinion
- Foy v. Troy & Boston Rail RoadNew York Supreme Court · 1856
3Cited by18 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- United States Pipe & Foundry Co. v. City of WacoTexas Supreme Court · 1937
- United States Pipe & Foundry Co. v. City of WacoTexas Supreme Court · 1937
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Tyler, Ullman & Co. v. Western Union Telegraph Co.Illinois Supreme Court · 1871
13 more not listed; retrieve them via the Exa API.