Restivo v. Conklin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Telephone Company, 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 21st day of February, 1915, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 24th day of February, 1915, nunc pro tunc as of the 18th day of February, 1915, denying appellant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
The defendant telephone corporation owned and maintained a manhole in a city street for access to its underground system. The neck of the manhole was 35 inches in diameter. The manhole was open on the day in question, but was protected by a guardrail 3 feet high, consisting of a portable folding frame with legs set into the flange or rim that formed the lower part of the neck of the manhole. A red flag was attached to this guard. The plaintiff, a servant of the said defendant, had gone down, into the manhole to work. In returning to the street up through the neck of the manhole,…
2Cases cited6 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Hoffman v. . KingNew York Court of Appeals · 1899
- Beetz v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
- Jex v. . StrausNew York Court of Appeals · 1890
- Paul v. . Consolidated Fireworks Co.New York Court of Appeals · 1914
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3Cited by4 opinions
- Firman v. SaciaNew York Supreme Court · 1958
- Sanzo v. ToklasAppellate Division of the Supreme Court of the State of New York · 1960
- Spangberg v. Eastern Air Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
- Spangberg v. Eastern Air Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1955