La Duke v. Hudson River Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hudson Eiver Telephone Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the '21st day of ¡November, 1908, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 10th day of December, 1908, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Hudson Eiver Telephone Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the '21st day of ¡November, 1908, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 10th day of December, 1908, denying the defendant’s motion for a new trial made upon the minutes. This is an action to recover damages for the alleged negligence of defendant, a telephone company, resulting in personal injuries to plaintiff. He was in the service of the…
1Opinion of the Court
Cochrane, J.:
In fulfillment of its duty to furnish the plaintiff a reasonably safe place in which to work it was incumbent on defendant to inspect *138its poles below the surface of the ground unless it had devolved such duty of inspection upon the plaintiff himself. (McGuire v. Bell Telephone Co., 167 N. Y. 208; Riker v. New York, Ontario & Western R. Co., 64 App. Div. 357.)
Whether or not this duty of inspection had been devolved on plaintiff was an important question towards which both parties directed their evidence. Unless the devolution of such duty on the plaintiff had taken place either by…
2Cases cited2 opinions
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
- Riker v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Citizens Telephone Co. v. PrickettIndiana Supreme Court · 1919
- Rose v. Missouri District Telegraph Co.Supreme Court of Missouri · 1931
- Free v. Home Telephone Co.Indiana Court of Appeals · 1917
- Ramon v. Interstate Utilities Co.Idaho Supreme Court · 1917
- Duke v. Hudson RivEr Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1912