La Duke v. Hudson River Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Hudson Biver 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 Essex on the 21st day of November, 1906, .upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 28th day of Hovember, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J. :
The plaintiff, an experienced lineman, was engaged at Saratoga. Springs -with one Higgs, who was defendant’s foreman, in construction work, in taking down and removing certain telephone poles which were out of use. In the absence of Higgs plaintiff climbed a pole, cut the telephone wires which connected it with the next westerly pole, the pole fell and he was seriously injured, for which the jury gave him $5,002.54 damages. It was a chestnut pole, apparently sound above the ground, but after it had fallen it was discovered that where it entered the ground, and for a few inches…
2Cases cited1 opinion
- Guilmartin v. . Solvay Process Co.New York Court of Appeals · 1907
3Cited by5 opinions
- Murphy v. Rochester Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1924
- O'CONNOR v. Diamond State Telephone Co.Superior Court of Delaware · 1985
- Paul v. Staten Island Edison Corp.Appellate Division of the Supreme Court of the State of New York · 1956
- Fricano v. Columbia National BankAppellate Division of the Supreme Court of the State of New York · 1909
- Smith v. WinstonAppellate Division of the Supreme Court of the State of New York · 1914