New York State Electric & Gas Corp. v. Fischer

The plaintiff appeals from a judgment and order awarding damages against the defendant, contending that the applicable measure of damages was the cost of replacing the pole and the wires (see 43 Misc 2d 178). The plaintiff was awarded partial summary judgment as to the negligence resulting in the destruction of a telephone pole and wires by a truck driver employed by the defendant. Thereafter, testimony was taken before Special Term as the result of which an award was made in the amount of $443.96, computed as follows: $334.16 was allowed for emergency expenses (crews to remove wires and pole…