Young v. . Western Union Telegraph Co.
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, reversing a judgment in favor of plaintiff entered upon a verdict. (Reported below, 2 J. & S., 390.) This action was brought to recover damages alleged to have been sustained by plaintiff because of the incorrect transmission of a message.
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Appeal from order of the General Term of the Superior Court of the city of New York, reversing a judgment in favor of plaintiff entered upon a verdict. (Reported below, 2 J. & S., 390.) This action was brought to recover damages alleged to have been sustained by plaintiff because of the incorrect transmission of a message. The message was delivered by plaintiffs to defendant at its office in the city of New York, December 2, 1867. It was written upon one of the company’s printed blanks, upon which was printed the terms upon which the company proposed to send messages, commencing as follows:…
1Opinion of the Court
Gray, C.
The defendant’s blanks contained printed terms upon which it proposed to transmit messages over its line, subjoined to which was the following : “ Send the following message subject to the above terms, which are agreed to.” Following that was the plaintiff’s written message. The statement of the terms by the defendant upon which messages would be transmitted over its line, and the acceptance of those terms by the plaintiff, constituted a contract as to the terms upon which the message, out of which this controversy has arisen, was sent (Breese v. The U. S. Tel. Co., 48 N. Y., 132,…
2Cases cited2 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Breese v. United States Telegraph Co.New York Court of Appeals · 1871
3Cited by23 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Western Union Telegraph Co. v. YopstIndiana Supreme Court · 1889
- Western Union Telegraph Co. v. JonesIndiana Supreme Court · 1884
- Wheelock v. Postal Telegraph Cable Co.Massachusetts Supreme Judicial Court · 1908
- Phillips v. Western Union Telegraph Co.Texas Supreme Court · 1902
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