Larkin v. New York Telephone Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant Queeasborough G-as and Electric Company was grossly negligent. (Braun v. Buffalo G. E. Co., 200 N. Y. 484; Paine v. El. Ill. Co., 64 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 30, 1915, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant Queeasborough G-as and Electric Company was grossly negligent. (Braun v. Buffalo G. E. Co., 200 N. Y. 484; Paine v. El. Ill. Co., 64 App. Div. 477; Wagner v. B. H. R. R. Co., 69 App. Div. 349; 174 N. Y. 520; Horning v. H. R. Tel. Co., 111 App. Div. 122; 186 N. Y. 552; Morhard v.…
1Opinion of the CourtPound, J.
This is an action to enforce the common-law liability of defendants for negligence. Plaintiff’s intestate was a cable splicer' employed by the defendant telephone company. His' death was due to an electric shock sustained by him in the course of his employment while he was working on a pole and was about to splice some hurried out wires in a cable tap which ran from the main telephone cable down to a terminal box on the pole. The pole was used jointly by the defendants to carry both telephone and electric light wires, the electric light wires above and the telephone wires below. The…
2Cases cited12 opinions
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1911
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
- Middleton v. . WhitridgeNew York Court of Appeals · 1915
- Mullin v. Genesee County Electric Light, Power & Gas Co.New York Court of Appeals · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People Ex Rel. Price v. Sheffield Farms-Slawson-Decker Co.New York Court of Appeals · 1918
- In Re Proving the Will of ShontsNew York Court of Appeals · 1920
- Bennett v. New York & Queens Electric Light & Power Co.New York Court of Appeals · 1945
- John Reis Co. v. ZimmerliNew York Court of Appeals · 1918
- Grulich v. . PaineNew York Court of Appeals · 1921
5 more not listed; retrieve them via the Exa API.