Horning v. Hudson River Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Hudson River Telephone Company and another, from a judgment of the Supreme -Court in favor of the plaintiff, entered in the office of the clerk of the .county of Fulton on the 15th day of June., 1905¿'upo.n the verdict of a jury for $11,000, the amount having been reduced by consent from $14,000, and also from an order entered in said clerk’s office on the 10th day of.July, 1905, denying the defendants’ motion for a new-trial made .upon the…
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Appeal by the defendants, the Hudson River Telephone Company and another, from a judgment of the Supreme -Court in favor of the plaintiff, entered in the office of the clerk of the .county of Fulton on the 15th day of June., 1905¿'upo.n the verdict of a jury for $11,000, the amount having been reduced by consent from $14,000, and also from an order entered in said clerk’s office on the 10th day of.July, 1905, denying the defendants’ motion for a new-trial made .upon the minutes, with notice of an intention -to bring up for review upon such, appeal an order entered in said clerk’s - .office on…
1Opinion of the Court
Parker, P. J.:
By the evidence in this case this situation was presented to the jury: The light company had constructed its pioles and wires through West1 Montgomery street. It was lawfully authorized to use such street, and such construction was the usual and' standard one. The span at the place where the contact complained* of took place was. upon good substantial poles, well insulated from the street, and was 168 feet in length. The telephone company thereafter erected its line in that part of the city and stretched a wire some 8 feet above the light company’s wires, crossing Montgomery…
2Cases cited1 opinion
- Laidlaw v. . SageNew York Court of Appeals · 1899
3Cited by6 opinions
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
- Burrows v. Livingston-Niagara Power Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Deegan v. Gutta Percha & Rubber Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Olm v. New York & Queens Electric Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1919
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