Sundt v. New York State Electric & Gas Corp.

— Order unanimously reversed, on the law, with costs, plaintiff’s motion granted, and matter remitted to Supreme Court, Wyoming County, for trial on the issue of damages. Memorandum: Plaintiff was injured on July 4, 1974, when electricity arced from a high tension wire to a nearby tree he was trimming. When the injury occurred, plaintiff was standing in the raised bucket of a tractor approximately four feet *1015off the ground and had just finished handsawing the diameter of an approximately 20-foot-tall pine tree at its midway height. The top of the tree was estimated to be between three and five…