Huscher v. New York & Queens Electric Light & Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York and Queens Electric Light and Power Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 19th day of February, 1914, upon the verdict of a jury, for $7,000, and also from an order entered in said clerk’s office on the 26th day of February, 1914, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
If any force is to be given to the doctrine of stare decisis, this judgment should be reversed upon the authority of Huscher v. N. Y. & Queens Electric Light & Power Co. (158 App. Div. 422). The evidence establishes that the death of William H. Huscher was caused by his coming in contact with an unlighted electric lamp, owned and controlled by defendant, and at that time suspended over the highway at an elevation of about four feet therefrom, which was charged with a current of electricity dangerous to human life. The evidence does not tend to establish any defect in the structure of…
2Cases cited2 opinions
- McDonald v. Metropolitan Street Railway Co.New York Court of Appeals · 1901
- Huscher v. New York & Queens Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Huscher v. New York & Queens Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1916