Legal Opinion

Wittleder v. Citizens' Electric Illuminating Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 15, 1900PublishedCited by 16 opinions

Appeal by the defendant, ■ The Citizens’ Electric Illuminating Company of Brooklyn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of- the county of Kings on the 12th day of April, 1899, upon the verdict of a jury for $8,000, and also from an order entered in said clerk’s office on the 14th day of April, 1899, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Goodrich, P. J.:

On July 8, 1898, Edward J. Wittleder, the plaintiff, a boy about ten years of age, was playing with a companion on a platform or landing of the stairway leading to the elevated railroad station on Fifth avenue, at the corner of St. Mark’s place, Brooklyn. Upon the structure of the railroad company were strung electric light wires belonging to the defendant, which extended parallel to the «aid platform, on a crossarm projecting at right angles thereto, and at a distance therefrom variously estimated as from ten to eighteen inches. On ’ each side of the stairway was a…

2Cases cited1 opinion

  1. Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895

3Cited by16 opinions

  1. Carter v. Livesay Window Co.Supreme Court of Florida · 1954
  2. Adams v. . BullockNew York Court of Appeals · 1919
  3. Trapp v. McClellanAppellate Division of the Supreme Court of the State of New York · 1902
  4. Morrison v. New York Telephone Co.New York Court of Appeals · 1938
  5. Wilson v. American Bridge Co.Appellate Division of the Supreme Court of the State of New York · 1902

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