Johnston v. . Syracuse Lighting Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 19,1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 19,1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to maintain the burden of proof imposed upon Mm to show affirmatively that plaintiff’s intestate was free from negligence contributing to the injuries complained of, and it appears affirmatively that he was guilty of such negligence. (Cahill v.…
1Opinion of the CourtGray, J.
The plaintiff’s intestate was killed by falling from the cross-arm of an electric light pole; which had broken under his weight while engaged in adjusting a wire. His administratrix brought this action to recover damages of the defendant; charging it with negligence, in the respect that the cross-arm was defective and not of sufficient strength for the use intended. She recovered a verdict and, upon appeal to the Appellate Division, the judgment entered upon the verdict was affirmed. The ’defendant appeals to this court, alleging several errors upon the trial; one of which, in my opinion, is…
2Cases cited1 opinion
- Flood v. . Western Union Telegraph CompanyNew York Court of Appeals · 1892
3Cited by7 opinions
- Larkin v. New York Telephone Co.New York Court of Appeals · 1917
- Consolidated Gas Electric Light & Power Co. & Baltimore Electric Co. v. ChambersCourt of Appeals of Maryland · 1910
- Raab v. Hudson River Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Larkin v. Queensborough Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Walling v. HauteIndiana Court of Appeals · 1916
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