Hayes v. Malkan

Chief Judge Fuld (dissenting).

I cannot agree with the court’s conclusion that a public utility may, with impunity, erect and maintain a pole dangerously close to a public highway simply because it does so on land which" happens to be owned by a third party. The emphasis placed by the court on the property rights of a private landowner completely ignores the safety of the traveling public and allows the careful user of the highway to be placed in danger without any countervailing justification.

In the case before us, the plaintiff was seriously injured when the automobile in which he was a…