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The nature of the business transacted by the telegraph companies is such that the information contained in the quotations has no value to hold and to keep. 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. P went to D's store in order to have her clock fixed. There can be no recovery here of nominal damages as for a breach of contract--to which we have held that damages for mental suffering may be superadded--because the complaint is not upon contract, but purely in tort. Review the Facts of this case here: Plaintiff sued Defendant for assault on the grounds that its employee made offensive remarks to his wife and attempted to grab her when she came into its store. 249] George H. Fearons, Campbell & Walker, and Rushton & Coleman, for appellant. There is rarely any express contract between the parties. That the office hours of defendant in Montgomery in week days were 7 oclock in the morning and on Sundays 8 oclock. There can be no recovery of actual substantive damages for physical injuries or injuries in estate here, for no such damages are claimed. 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. O. C. LUDWIG, Secretary of State of Arkansas, Appt., v. WESTERN UNION TELEGRAPH COMPANY. Were these suits brought in good faith, and in the honest belief that the Morny machines infringed?
As was said by Chief Justice Tyson in Westmorelands Case, above: It is often a question difficult to determine, whether an action from its mere nature or in its form is in case or assumpsit. The conclusion that the act of 1866 confers upon telephone companies the valuable rights and privileges therein specified is not authorized by any explicit language used by congress, and can be justified by implication only. The case is now before this court upon writ of certiorari. U. St. of June 18, 1910. He did say, however, that at about this time he told Morny that no matter what happened he could still remain with News Projection at the same salary he was then receiving. During the period from 1925 to 1931, Trans-Lux and News Projection were in almost continuous patent litigation with each other over their respective machines. Still, as disclosed by the bill and the evidence in the cause, the business in which it was engaged and for the protection of which against hostile local action it invoked the aid of the federal court, was the business transacted by using what is commonly called a 'telephone, ' which is described in an agreement between the Western Union Telegraph Company and the National Bell Telephone Company in 1879, as 'an instrument for electrically transmitting or receiving articulate speech. Hunt, Hill & Betts, of New York City (Harold R. Medina, of New York City, of counsel), for Trans-Lux Corp., P. Furber, and Trans-Lux Movie Ticker Corp. Edward L. Blackman and Walton Clark, Jr., both of New York City (Harold R. Medina, of New York City, of counsel), for News Projection Corp., James W. Decker and F. Huntington Clark. They are enabled to use public ways in Boston for wires and conduits and underground cables and thus to carry on their business, including the ticker service, only because they carry on business of a public character which is to be exercised under public control. 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. Western Union accordingly brought suit against Morny in this district on July 26, 1935 for alleged infringement of the Dirkes patent. Subscribers can access the reported version of this case.
WESTERN UNION TELEGRAPH CO. v. HILL. Facts: As part of her job, Hill routinely contacted Sapp to repair clocks. In the time in question, Hill contacted Sapp over the phone to repair a clock. Co. decided to-day [216 U. Notwithstanding the contract is unambiguous (Dozier v. Vizard Investment Co., In the recent decision in Western Union Telegraph Co. Speight, "The message was from Greenville, N. C., to Rosemary, in the same state, and was transmitted *Page 119 from Greenville through Richmond, Va., and Norfolk, to Roanoke Rapids, the delivery point for Rosemary. Both Trans-Lux and News Projection held patents on different features of their respective machines.
They involve the distribution and dissemination of information as to which it has assumed far greater duties than those of simple transmission, and as to which its facilities growing out of its public character must be used. He admitted that every vote he cast at these six meetings, as well as at the meeting on December 24, 1934, "was an act which assisted in the confirmation of this merger". A telegraph company is therefore an important public agency and an instrument of commerce. As the Court explains, such an argument is largely irrelevant to the tort of assault. In this suit, Movie Ticker and News Projection filed separate answers, in which each set up a counterclaim charging Morny with disloyalty. 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. Mrs. Hill came into the Western Union office and approached the counter to address Mr. Sapp, a Western Union employee.
On the second occasion, Drews went to the office alone, and, finding the outer door unlocked, walked inside, where he met Wilson; there was then in the office a completed projection machine, which Drews inspected, but he did not feel that the inspection gave him sufficient information upon which to base an infringement suit. But even if we should assume that the state court would construe the statute of 1907 as intended not to apply to interstate commerce, but only to local or intrastate business, we are, nevertheless, informed by its decision in Western U. P cannot recover for assault, because she did not fear a contact with her own body. The Carmack Amendment was of date June 29, 1906, 34 U. at Large, 584 (U. Comp.
The letter further stated that the district managers would be "let out after about three months from January 1st", and suggested that Franklin "should make some effort to locate" himself elsewhere. But counsel for complainant objected, and the court (using the language of its order), 'intending by said injunction to enjoin the city from interfering with the local business and messages, as well as those of an interstate character, ' refused to so modify the decree. The plaintiff, in its bill, asked such other and further relief as the case might require and as might seem just. What rights the appellee had or has under the laws of Virginia and the ordinances of the city of Richmond is a question which the circuit court did not decide, but expressly waived. These two decisions very considerably stimulated the business of News Projection, so that by June 30, 1930, the number of machines under lease had risen to 705. Cases like Lawrence v. Smith, 201 Mass. 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. And the principle is the same when, under the grant of franchise from the national government, a corporation assumes to enter upon property of a public nature belonging to a state. Hill Carter, A. L. Holladay, and George H. Fearons, for appellee. There was no trial or adjudication of any of the issues, and I find nothing in the cases cited by the plaintiff to support the contention that the defendants are estopped in the present action to raise the question of disloyalty against Morny.
We do not think that any such intention has been so manifested. It does not deal immediately with those who receive it by means of the ticker service. Parties: Identifies the cast of characters involved in the case. He met his wife in Atlanta with the corpse of the child. 194, quoting from Chancellor Kent, says that: If the contract be made under one government and is to be performed under another, and the parties had in view the laws of such other country in reference to the execution of the contract, the general rule is that the contract in respect to its construction and force is to be governed by the laws of the country or state in which it is to be executed. Such an intent cannot be presumed. Coleman Young, P. O. Thereafter, on May 16th, 1907, the legislature passed the statute here in question, known as the Wingo act, which, with slight exceptions not necessary to be mentioned, was substantially like the act of 1899. The case made by the plaintiff in its bill is substantially as will be now outlined. 706, in which the annotator concedes the conflict, but probably is constrained to the view that the lex loci contractus controls in such cases. New York Central & Hudson River Railroad v. Gray, 239 U. Morny knew that Wilson was in the employ of Movie Ticker, but he did not foresee that Wilson might have a twinge of conscience and tell Decker of his dealings with Morny.
He admitted as much when he testified that he told Decker on April 25, 1935, that he "hadn't any intention of going in the business", and "whether I go in this business or not is entirely for you to decide". Coar denied that he ever had any such conversation either with Morny or with Decker, or that he had ever refused to sell Morny glassine ticker tape. It seems obvious that the reason for making such contracts with telegraph companies is founded chiefly on their facilities for immediate transmission of the quotations to different parts of the country, facilities possessed by these companies solely because they are performing a quasi public function as common carriers. Is there an assault here?