Asper v. Western Union Telegraph Co.

Appellate Division of the Supreme Court of New York

Asper v. Western Union Telegraph Co.

252 A.D. 923, 300 N.Y.S. 148, 1937 N.Y. App. Div. LEXIS 6826

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

DecidedNovember 17, 1937

StatusPublished

This text of 252 A.D. 923 (Asper v. Western Union Telegraph Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Asper v. Western Union Telegraph Co., 252 A.D. 923, 300 N.Y.S. 148, 1937 N.Y. App. Div. LEXIS 6826 (N.Y. Ct. App. 1937).

Pincite

Opinion

Judgment modified on the law by reducing the recovery to the sum of one dollar and fifty cents with interest thereon from August 1, 1936, to wit, the sum of five cents, amounting in all to the sum of one dollar and fifty-five cents, with costs to the defendant to be taxed, and as so modified the judgment is affirmed, without costs of this appeal to either party. Memorandum: The finding of the jury that the error in the telegram was the direct and efficient cause of plaintiff’s trip to Wisconsin is speculative and the damages awarded based thereon are remote, uncertain and speculative, and the verdict in these respects is contrary to the evidence and contrary to law. All concur. (The judgment is for plaintiff in an action for negligence in the transmission of a telegraph message.) Present —■ Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment modified on the law by reducing the recovery to the sum of one dollar and fifty cents with interest thereon from August 1, 1936, to wit, the sum of five cents, amounting in all to the sum of one dollar and fifty-five cents, with costs to the defendant to be taxed, and as so modified the judgment is affirmed, without costs of this appeal to either party. Memorandum: The finding of the jury that the error in the telegram was the direct and efficient cause of plaintiff’s trip to Wisconsin is speculative and the damages awarded based thereon are remote, uncertain and speculative, and the verdict in these respects is contrary to the evidence and contrary to law. All concur. (The judgment is for plaintiff in an action for negligence in the transmission of a telegraph message.) Present —■ Sears, P. J., Crosby, Lewis, Cunningham and Taylor, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

252 A.D. 923, 300 N.Y.S. 148, 1937 N.Y. App. Div. LEXIS 6826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asper-v-western-union-telegraph-co-nyappdiv-1937.