Guarracino v. Central Hudson Gas & Electric Corp.

Goldstein, J.,

dissents and votes to reverse the judgment appealed from, on the law, and to grant the plaintiff a new trial, with the following memorandum: The plaintiff claims that she sustained personal injuries when a live electric cable snapped off a utility pole and fell on a car, in which she was a passenger, as the car proceeded down Route 55 in Orange County, in good weather. The defense counsel, in his opening statement, argued that the defendant could not be found liable for negligence because “when the wire fell the electricity cut out, the circuit breaker kicked off the…