Paine v. Electric Illuminating & Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Electric Illuminating and Power Company of Long Island City, from a judgment of the Supreme Court in favor of the plain tiff, entered in the office of. the. clerk of the county of Kings on the 6th day of December, 1900, upon the verdict of a jury for $6,500, and also from an order entered in .said clerk’s office on the-4th day of January, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:
The plaintiff has a verdict for $6,500 damages for the death of her husband through negligence. The defendant insists that it Avas not negligent, and that the accident was contributed to by the negligence of the intestate. The intestate Avas a lineman of the tire department of New York city, who had been sent at noontime of July 13, 1899, to the neighborhood of Yernon avenue bridge, in the borough of Queens, to “ clear ” a line of telegraph wire from which there was a leakage of the electric current. For this purpose he climbed a telegraph pole, put his leg over the lower crossarm…
2Cases cited5 opinions
- Ennis v. GrayNew York Supreme Court · 1895
- Piedmont Electric Illuminating Co. v. Patteson's Adm'xSupreme Court of Virginia · 1888
- Dwyer v. Buffalo General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Grifhahn v. KreizerAppellate Division of the Supreme Court of the State of New York · 1901
- Leonard v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by7 opinions
- Dow v. Sunset Telephone & Telegraph Co.California Supreme Court · 1910
- Gentzkow v. Portland Railway Co.Oregon Supreme Court · 1909
- Ryan v. Oshkosh Gas Light Co.Wisconsin Supreme Court · 1909
- Paul v. Staten Island Edison Corp.Appellate Division of the Supreme Court of the State of New York · 1956
- Wagner v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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