Hudson Valley Railway Co. v. Mechanicville Electric Light & Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Hudson Valley Railway Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 12th day of January, 1917, upon a dismissal of the complaint by direction of the court after the verdict of the jury had been set aside.
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Appeal by the plaintiff, Hudson Valley Railway Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 12th day of January, 1917, upon a dismissal of the complaint by direction of the court after the verdict of the jury had been set aside. Appeal is also taken from the order of the court setting aside the verdict of the jury to which were submitted certain specific questions to which they returned answers favorable to the plaintiff and also dismissing the complaint which order was entered in said clerk’s…
1Opinion of the Court
Kellogg, P. J.:
Defendant’s high tension wire crossed the plaintiff’s wire' over a street. The defendant negligently allowed its wire *87to sag so that it came in contact with the plaintiff’s wire, charged it with high voltage, burning it in two, causing it to fn.11 upon the street and to hit and kill the horse of McMahon. He brought action against both companies and this plaintiff was required to pay the judgment. This action is brought to recover over against the defendant upon the ground that the defendant’s negligence was the primary cause of the injury. The jury found that the defendant’s…
2Cases cited2 opinions
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.New York Court of Appeals · 1911
- Fulton County Gas & Electric Co. v. Hudson River Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by3 opinions
- Colorado & Southern Railway Co. v. Western Light & Power Co.Supreme Court of Colorado · 1923
- Iroquois Gas Corp. v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1934
- Coates v. Potomac Electric Power Co.District Court, District of Columbia · 1951