Marx v. Edison Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Aimee J. Marx, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 15th day of June, 1921, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case.
1Opinion of the Court
Kelly, J.:
The complaint charged that plaintiff was the owner of a one-half interest in certain premises on Hemlock street, a public highway-in Brooklyn, and that on June 4, 1917, the defendant corporation, which was engaged in erecting poles in the street, through its agents and servants dug a hole in the street in front of plaintiff’s premises; that when defendant attempted to place a pole in the hole so excavated the plaintiff protested that they had no right or authority so to do, and refused to permit such erection; that she endeavored to prevent the erection of the pole and placed one of…
2Cases cited1 opinion
- City of Buffalo v. . PrattNew York Court of Appeals · 1892
3Cited by1 opinion
- Bergen v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1987