Riker v. New York, Ontario & Western Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York, Ontario and Western Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 22d day of January, 1901, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the-31st day of January, 1901, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The recent decision of the Court of Appeals in the case of McGuire v. Bell Telephone Co. (167 N. Y. 208), while predicated on a differ*358ent state of facts and involving a somewhat different question, would seem in principle to control the determination of this appeal. It was there held that a telephone company, using as part of its permanent plant a pole not owned by itj but used by permission or license of another company, is not relieved from the duty of inspection, or from liability to a lineman in its employ who was injured in consequence of its failure to make such…
2Cases cited1 opinion
- McGuire v. . Bell Telephone Co.New York Court of Appeals · 1901
3Cited by4 opinions
- Murphy v. Rochester Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Paul v. Staten Island Edison Corp.Appellate Division of the Supreme Court of the State of New York · 1956
- La Duke v. Hudson River Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1909
- La Duke v. Hudson River Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1908