30 Misc. 450 | N.Y. App. Term. | 1900
This action was brought to recover a penalty under section 103 of the Transportation Corporations Law (Laws of 1890, chap. 566) by which telegraph and telephone companies are required to receive despatches and “ transmit the same with impartiality and in good faith and in the order in which they are received ” and in the event of failure so to do, are made liable for a penalty of $100 recoverable in a suit by the sender.
■On the 1st day of September, 1898, the plaintiff filed with the defendant, at its office in the city of New York, a message for telegraphic transmission to one J. L. Thompson at Calais, Me; The message was promptly and regularly forwarded to, and received at, its office at Calais; but, instead of being delivered in the usual manner by messenger, it was telephoned by the defendant’s operator to Thompson. The material portion of the message read: “Ship quick express twenty cases pop-corn.” It is claimed by the plaintiff that
Upon this appeal the appellant dwells upon an exception which he took to the exclusion of a letter which he received from Thompson some months after the alleged defective transmission of his message. The letter was not marked for identification nor is it annexed to the return so that we are unable to pass upon its admissi
The judgment should be affirmed.
Freedman, P. J., and MacLean, J., concur.
' Judgment affirmed, with costs to respondent.