Hickok v. . Auburn Light, Heat Power Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 14, 1909, 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 fourth judicial department, entered December 14, 1909, 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. The deceased was a trespasser, or, at best, a bare licensee upon defendant’s pole, and the defendant owed him no duty to keep the wires at the top of the pole insulated or the transformer in perfect condition. (Freeman v. B. H. R. R. Co., 54 App. Div. 596; Downes v.…
1Opinion of the CourtWerner, J.
In June, 1908, the plaintiff’s testator was a deputy sheriff of Cayuga county, and the defendant was furnishing electric light for the courthouse and other adjacent county buildings in the city of Auburn. In a small square or courtyard, which was flanked on the north by the courthouse, on the south by the jail, on the west by the county clerk’s office, and on the east by the county stable, there was an electric-light pole about thirty feet in height, surmounted by a frame and hood originally equipped with an arc lamp, but in June, 1908, containing a single sixteen-candle power incandescent…
2Cases cited3 opinions
- Sterger v. . Van SicklenNew York Court of Appeals · 1892
- Birch v. . City of New YorkNew York Court of Appeals · 1907
- Hector v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1894
3Cited by11 opinions
- Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
- Salvin v. . Myles Realty Co.New York Court of Appeals · 1919
- Boutlier v. City of MaldenMassachusetts Supreme Judicial Court · 1917
- Caraglio v. Frontier Power Co.Court of Appeals for the Tenth Circuit · 1951
- Robertson v. Rockland Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1919
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