Curtin v. Western Union Telegraph Co.

City of New York Municipal Court

Curtin v. Western Union Telegraph Co.

14 Misc. 459, 36 N.Y.S. 1111, 72 N.Y. St. Rep. 260

DecidedNovember 15, 1895

StatusPublished

This text of 14 Misc. 459 (Curtin v. Western Union Telegraph Co.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Curtin v. Western Union Telegraph Co., 14 Misc. 459, 36 N.Y.S. 1111, 72 N.Y. St. Rep. 260 (N.Y. Super. Ct. 1895).

Pincite

Opinion

Conlan, J.

Appeal from a judgment entered oh the decision of the court without a jury.

Aside from the question of defendant’s negligence, the damages, found by the trial judge could not have been within the [460]*460contemplation of the parties at the time of sending the dispatch, and are, therefore, iiot the proximate result of-defendant’s. breach of its obligation to transmit promptly.-

The judgment should be reversed and a new trial ordered, with costs to abide the event.

Fitzsimons, J., concurs. ' • 1

Judgment reversed and new trial ordered, with costs to abide event. ' •

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