Legal Opinion

Leeds v. . New York Telephone Co.

New York Court of Appeals

Decided March 22, 1904PublishedCited by 37 opinions

Appeal from a judgment of- the Appellate Division of the Supreme Court in the second judicial department, entered January 28, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so .far as material^ are stated in the opinion.

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Appeal from a judgment of- the Appellate Division of the Supreme Court in the second judicial department, entered January 28, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so .far as material^ are stated in the opinion. Assuming that defendant was negligent either in maintaining the wire around the chimney or over the lot, or in both, as parts of a single act, such negligence was not a concurrent proximate cause of the injury. (Travell v. Baunerman, 71 App. Div. 439 ; Merritt v.…

1Opinion of the CourtGbay, J.

The plaintiff, while walking upon a street of the city of New York, was struck by bricks falling from a chimney and she has sued the defendant for damages, upon allegations that its negligence was the cause of her in j nries. The material facts may be briefly stated. One of the telephone wires of the defendant was attached to the chimney of a house, at a height of some 39 feet above the ground, and, thence, was extended over the street and beyond, to the roof of a building, at a height of about 300 feet from the ground. The wire had been in that position for two years, with the permission of…

2Cases cited4 opinions

  1. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  2. Laidlaw v. . SageNew York Court of Appeals · 1899
  3. Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
  4. Hofnagle v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874

3Cited by37 opinions

  1. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  2. Sheehan v. City of New YorkNew York Court of Appeals · 1976
  3. Bell v. New York City Health & Hospital Corp.Appellate Division of the Supreme Court of the State of New York · 1982
  4. Higginbotham v. Rome Railway & Light Co.Court of Appeals of Georgia · 1919
  5. Foley v. StateAppellate Division of the Supreme Court of the State of New York · 1943

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