Legal Opinion
Holden v. Boyle
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1981PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
Rochester Telephone Corporation (RTC) and the Fair-*282port Municipal Commission jointly own a 35-foot utility pole located on the northeast corner of property owned by Joseph and Ruth Boyle. Also on the Boyle property was a large poplar tree adjacent to the pole. Four utility lines attached to the pole passed through the branches of the tree. The Fairport Municipal Commission owned a 2,400-volt uninsulated primary electric line which was attached to the top of the pole and a 240-volt secondary electric line which was located about 4 feet below the primary line. At…
2Cases cited14 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Basso v. MillerNew York Court of Appeals · 1976
- Pulka v. EdelmanNew York Court of Appeals · 1976
- Rotuba Extruders, Inc. v. CepposNew York Court of Appeals · 1978
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3Cited by4 opinions
- Pamela Sutera, and James Sutera v. Go Jokir, Inc.Court of Appeals for the Second Circuit · 1996
- Christopher v. TraditiAppellate Division of the Supreme Court of the State of New York · 1991
- Goldner v. Kemper InsuranceAppellate Division of the Supreme Court of the State of New York · 1986
- Trapani v. Rochester Gas & Electric Corp.New York Supreme Court · 1995