Wolfe v. Rochester Telephone Corp.

Judgment and order affirmed, with costs. Memorandum; The jury evidently determined that the accident was due to plaintiff’s automobile becoming entangled with a telephone wire which was owned, maintained and controlled by defendant and which had broken and fallen across the highway. The evidence supports such a finding. Plaintiff, therefore, made out a prima facie case of negligent construction or maintenance, by defendant, of its wires. (O’Leary v. Glens Falls Gas & El. L. Co., 107 App. Div. 505, 509; Griffen v. Manice, 166 N. Y. 188, 195; Weiss v. Brooklyn Edison Co., Inc., 252 App. Div.…