Law School Case Briefs | Legal Outlines | Study Materials: Western Union Telegraph Co. V. Hill Case Brief

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After the working model of the Morny machine had been completed by J. Bunnell & Company, Morny proceeded to have additional machines built by Stolp Wire Works in Brooklyn. This rule extends to streets and highways. The result here reached is supported by the principle followed in Smith v. Gold & Stock Telegraph Co. 42 Hun, 454, Friedman v. 32 Hun, 4, Shepard v. 38 Hun, 338, Western Union Telegraph Co. State, 165 Ind. It is the "transmission of intelligence within the Commonwealth by electricity, " and "service" connected therewith as the word "service" is used in §§2, 10, 14, 17, 20, 22, 23 of the statute. WESTERN UNION TELEGRAPH COMPANY, Appt., v. P. R. ANDREWS, Clyde Going, R. E. Jeffey, et al. As the time for trial approached, Von Briesen made inquiry regarding the commercial situation with respect to the Morny machine, and found that the machine had disappeared from the market. Plaintiff states that she jumped back out of fear of being pulled behind and forcibly engaged in unlawful sexual contact, and that she was verbally engaged with speech that threatened the same.

1. Western union telegraph building
2. Western union telegraph key
3. Western union telegraph co. v. hill farm
4. Western union telegraph co. v. hill house
5. Western union telegraph company history
6. Western union telegraph co. v. hill.com
7. Western union telegraph company

Western Union Telegraph Building

A case specific Legal Term Dictionary. It was held in that case that a telephone company, under its right to construct and operate a telegraph, was empowered by statute to establish a telephone service. Decker further testified that he asked Wilson to continue his relations with Morny and keep him advised of any developments; he also engaged a detective to find out what Morny was doing, in an effort to corroborate what Wilson had told him. 1, 684, 309, protecting a number of special features in a projection machine which it had developed but had not placed in general use. Western Union accordingly brought suit against Morny in this district on July 26, 1935 for alleged infringement of the Dirkes patent. The persons to whom quotations may be furnished are described in the contract between the stock exchange and each of the telegraph companies as "patrons" of the telegraph company. That the operator got up, dressed, and went to the office of the telegraph company and sent the message at 6:43 a. m., Eastern time, to Atlanta, Ga. That the amount paid for the message was 40 cents. No sooner had the agreement been signed than disputes arose, which later developed into further bitterly contested litigation over the succeeding three years. Even if there had been any duty on the part of the telegraph company to confine the transmission to North Carolina, it did not do so. 597, Western Union Telegraph Co. Bilisoly, 116 Va. 562, have no application.

Western Union Telegraph Key

Western Union had previously asked for permission to discontinue its suit against Morny for similar reasons, and an order dismissing that suit had been signed on May 13, 1937. There was attached a rough memorandum in Morny's handwriting, also dated January 9, 1935, marked "Strictly confidential. Hence the acceptance of the provisions of the law by the telegraph company was required to be filed with the postmaster gen- [174 U. ProfessorMelissa A. Hale. It will be observed that the laws of Georgia did not deny that the plaintiff in a case like this suffers damage for mental anguish; but the court merely declares that they are of such nature that they are not recoverable in courts and under the laws of Georgia. So far as that act manifests a purpose to regulate the field over which Congress has paramount authority, the right of the State to exercise its police power in the same field ceases to exist, no matter whether the particular act of Congress covers it entirely or not.

Western Union Telegraph Co. V. Hill Farm

If a statute, by its necessary operation, really and substantially burdens the interstate business of a foreign corporation seeking to do business in a state, or imposes a tax on its property outside of such state, then it is unconstitutional and void, although the state legislature may not have intended to enact an invalid statute. Note p374-1] These proceedings deal only with the rights acquired by the telegraph companies in the quotations. A machine was also installed in the New York office of Burton, Cluett & Dana, where it remained for some months. H. W. Barnum, Assistant Attorney General, for the public service commission.

Western Union Telegraph Co. V. Hill House

However, the court found that the evidence was conclusive to the effect that, while the employee was the agent of the employer, in the proposal and technical assault made by him on the wife, he stepped aside wholly from his master's business to pursue a matter entirely personal. Be subjected to a bodily contact. The trial court, in its oral charge and by the refusal of appropriate written charges requested by defendant, was of a contrary opinion, and committed reversible error. Note p374-1] Of course the stock exchange, being a voluntary unincorporated association, could not technically be made a party. The fact that the jurors agreed among themselves to render a quotient verdict, and afterwards declined to do so, and in fact did not arrive at their verdict in that manner, does not make the verdict a quotient one, and is no reason for setting the verdict aside. B. Hill to fix a clock in their place of business. 439, 447, Charleston & Western Carolina Railway v. Varnville Furniture Co. 237 U. Did the trial court err in submitting the question of whether assault had occurred to the jury? Agent of the Defendant came on to Plaintiff in a sexual manner while at work and while under the influence of whisky.

Western Union Telegraph Company History

D, standing behind the counter says, "if you will come back here and let me love you and pet you, I will fix your clock. " They were brought on the advice of Von Briesen and Drews, patent counsel for Movie Ticker and News Projection, who were of the opinion that Morny's second type of machine also infringed various other patents owned by the two companies. When such corporations have acquired rights in the disposal of which the public are interested, they must deal with those rights in accordance with the requirements of public regulations. 239, 74 N. E. 467, 3 A. If the action had been in tort, rather than in contract, then we think it certain that the laws of Alabama would control, and we can see no reason, though there is authority to the contrary, that the laws of Georgia should control. A telegraph is defined as an apparatus or machine used to transmit intelligence to a distant point by means of electricity. On August 7, 1935, Talbot, one of the men associated with Morny, went to the Fenner & Beane office at about 9:30 A. M., and found the glass in the door leading from the main hall to the room where the machine was installed broken, and the machine partly disassembled. Ct. Rep. 280], it is unnecessary to set out at large the provisions of the statute in question. Defendant's employee routinely provided repairs to the clock located in Plaintiff's business. The federal interstate commerce act does not appear to us to apply to the transactions here in question.

Western Union Telegraph Co. V. Hill.Com

The science of telephony, as now understood, was little known as to practical utility in 1866, when the greater part of the law contained in the title was passed. Morny joined News Projection in 1927, and was placed in general charge of sales; he had previously been connected with the defendant Decker, president of News Projection, in various business enterprises. The material facts are that the telegraph companies are furnishing to brokers and others in Boston continuous ticker quotations of transactions upon the New York Stock Exchange, which they are enabled to do by means of contracts between the telegraph companies and the New York Stock Exchange. News Projection thereupon obtained permission to file a supplemental complaint directed against the modified structure. The jurisdiction of the public service commission extends to telegraph companies by the express terms of St. 784, § 2. Something was said in argument as to the power of congress to control the use of streets in the towns and cities of the country. There may be cases where it would be so great that the court might say that it was arbitrary or intended as punishment, when no such punitive damages could be allowed, and in such case it might be set aside; but this is not such a case.

Western Union Telegraph Company

One significant feature of this arrangement is that it is made with a common carrier of intelligence, whose facilities for practically instantaneous transmission of the stock quotations throughout the country are of the best. The supreme court of the state, in Western U. The property acquired by the telegraph companies in the stock quotations has no value to them except as they use their public franchises, granted and exercised solely because of the public service they are organized to render, in sending these quotations to financial centres for distribution by sale to their patrons. As this case is ruled, upon the question of jurisdiction, by the case of Ex parte Young, it is unnecessary to consider the question further. Learn more about this topic: fromChapter 9 / Lesson 2.

The use of wires and conduits in and under the streets by the telegraph companies in the ticker service renders that kind of service subject to public regulation. New England Telephone & Telegraph Co. Boston Terminal Co. 182 Mass. The husband and wife filed a case for damages from assault against the clock repair shop. Defendant introduced evidence that the counter came up to Sapp's armpits and that it was of such a width that he could reach only to the outer edge of it. Pennsylvania Railroad v. Knight, 192 U. The stock exchange has no concern with it. It imposes upon the secretary of state the duty—in the event the company instituted a suit in the Federal court against a citizen of Arkansas, or removed to the Federal court, without the consent of the other party, any suit brought by or against it any court of the state—to forthwith revoke its authority to do business within Arkansas, and subjects the company to the penalty of $1, 000 for each day's continuance of such business in the state after such revocation. Or by Chief Justice Tyson, in Westmorelands Case, 151 Ala. 319, 44 South.

That all corporations hereafter incorporated in this state, and all foreign corporations seeking to do business in this state, shall pay into the treasury of this state for the filing of said articles a fee of $25 where the capital stock is $50, 000 or under; $75 where the capital stock is over $50, 000, and not more than $100, 000; and $25 additional for each $100, 000 of capital stock. The sending of the quotations from New York to Boston over wires in the ordinary course of telegraphy manifestly was interstate commerce. In the early part of January, 1935, Morny secretly rented an office at 25 Beaver Street, New York City, which he used as the headquarters for his new activities. Subscribers are able to see any amendments made to the case.

Of course, parties can make contracts with regard to sending and delivery; but we are speaking now of the usual contracts. He was a director of Movie Ticker, and, during the period from December 23, 1934 until his discharge on April 26, 1935, he attended seven separate board meetings, at which he voted in favor of various resolutions to effectuate the merger. This award was confirmed by the New York Supreme Court on April 9, 1934, over the objection of News Projection, and the order of confirmation was unanimously affirmed by the Appellate Division on June 21, 1934. On the authority of the Kansas cases, and for the reasons stated in the opinions therein, we hold the statute in question to be unconstitutional and void, as illegally burdening interstate commerce and imposing a tax on property beyond the jurisdiction of the state. Like other property they may be kept by their owners to themselves, or sold or distributed to others, or made known to some and denied to others. Consequently any provision found in the law of another state authorizing the making of a contract which is obnoxious to the laws of Alabama, as to such obnoxious provisions the contract will not be enforced in Alabama; but it will be enforced in Alabama only to the extent that it is lawful in Alabama. The affair becomes its venture and not primarily or in this aspect at all the venture of the stock exchange. The remaining facts more intimately concern the plaintiff Morny, and his efforts to introduce a competing machine. Virtue v. Creamery Package Co., 8 Cir., 179 F. 115, affirmed 227 U. One of these notices was sent to Fenner & Beane on July 5, 1935, yet Fenner & Beane tried out the Morny machine for "a day or two" thereafter, and the machine was not removed until after the incident on August 7, 1935.