Hebert v. Hudson River Electric Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eva Hebert, by George A. Rice, her guardian ad litem, from, a judgment of the Supreme Court-in favor of the defendant, entered in the office of the clerk of the county of Saratoga, on the 27th day of May, 1909, upon the dismissal of the complaint by direction of. the court at the close of' the plaintiff’s case on a' trial at the Saratoga Trial Term.
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Appeal by the plaintiff, Eva Hebert, by George A. Rice, her guardian ad litem, from, a judgment of the Supreme Court-in favor of the defendant, entered in the office of the clerk of the county of Saratoga, on the 27th day of May, 1909, upon the dismissal of the complaint by direction of. the court at the close of' the plaintiff’s case on a' trial at the Saratoga Trial Term. The jdaintiff was injured by coming in contact with a live electric light wire which had broken and fallen in the yard in front of the house where she lived with her father in Mechanicville. She was at the time of thé…
1Opinion of the Court
Chester, J.:
The complaint was framed with allegations appropriate to constitute a cause of action for either negligence, nuisance or trespass'. We need not consider whether the facts proven were sufficient to justify the submission of the caseto the jury under the allegations respecting nuisance or trespass, for the reason that enough was shown to require the submission of the question of the defendant’s negligence to the jury. It appeared that the defendant was deliver*109ing electrical energy over the wire in question to the Half Moon Light, Heat and Power Company at its power station in…
2Cases cited3 opinions
- McGovern v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- O'Leary v. Glens Falls Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Gerber v. BoorsteinAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- Hoffman v. Leavenworth Light, Heat & Power Co.Supreme Court of Kansas · 1914
- Figuett v. Wade Electric Light & Power Co.Supreme Court of Alabama · 1921
- Pulsifer v. City of AlbanyMissouri Court of Appeals · 1931
- Kentucky Utilities Co. v. Sutton's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
- Russell v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1949