W. UNION TEL. CO. v. COCHRAN


277 A.D. 625 (1951)

Western Union Telegraph Company, Respondent, v. Gladys E. Cochran, as Administratrix of The Estate of Alfred S. Cochran, Deceased, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 10, 1951.


Attorney(s) appearing for the Case

William E. J. Connor, H. A. Jerry, C. A. Lewis and R. J. Feinberg for appellant.

Frank L. Wiswall and Dunton F. Tynan for respondent.

FOSTER, P. J., DEYO and BERGAN, JJ., concur; BREWSTER, J. dissents.


HEFFERNAN, J.

The facts in this case are undisputed. Plaintiff is a domestic corporation authorized by law to carry on the business of transmitting messages by telegraph for hire within the United States and elsewhere. It has power to make contracts with railroad companies respecting the use of their facilities, premises and rights of way of such companies.

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