Voorhees v. Hudson River Telephone Co.

CHESTER, J. (dissenting).

There was sufficient evidence of the defendant’s negligence to justify the submission of that question to the jury. Its manager knew that the old pole had fallen and had been reset. It was not sufficient under such circumstances to tell the deceased that the pole was an old one and to be careful 'and not take any chances. The mere fact that the deceased was sent to replace the wires from one pole to the other would be sufficient notice to him that one was an old pole, without the manager telling him that fact; but the manager knew that che pole had rotted off and had…