Legal Opinion

Hayes v. Malkan

New York Court of Appeals

Decided April 22, 1970PublishedCited by 37 opinions

1Opinion of the CourtJasen, J.

Plaintiff, one of three passengers in an automobile owned and operated by defendant Malkan, was injured when the vehicle struck a utility pole owned by defendant Consolidated Edison Company. The pole which Malkan’s car struck was approximately seven inches from the edge of the road and was located on private property behind a two-inch *298granite header.1 There is no explicit testimony as to how the car came in contact with the pole, since Malkan2 and the plaintiff stated that they did not know precisely what occurred. The only recollection plaintiff had of the accident was that he heard a “…

2Cases cited6 opinions

  1. Beck v. . CarterNew York Court of Appeals · 1877
  2. Stern v. International Railway Co.New York Court of Appeals · 1917
  3. Koehler v. City of New YorkNew York Court of Appeals · 1933
  4. Trabisco v. City of New YorkNew York Court of Appeals · 1939
  5. Thompson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899

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3Cited by37 opinions

  1. Tomassi v. Town of UnionNew York Court of Appeals · 1978
  2. Brown v. Consolidated Rail Corp.District of Columbia Court of Appeals · 1998
  3. Indiana Limestone Co. v. StaggsIndiana Court of Appeals · 1996
  4. Laabs v. Southern California Edison Co.California Court of Appeal · 2009
  5. Coates v. Southern Maryland Electric Cooperative, Inc.Court of Appeals of Maryland · 1999

32 more not listed; retrieve them via the Exa API.

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