Holmes v. Union Telegraph & Telephone Co.
New York Supreme Court
Appeal from circuit court, Warren county. Action by John M. Holmes against the Union Telegraph & Telephone Company. From a judgment entered on the verdict of a jury, and from an order denying a motion for a new trial, plaintiff appeals.
1Opinion of the CourtMayham, J.
The defendant erected its poles and strung its wires along or upon a public street in the village of Glens Falls for the purpose of telephone service, and had so used the poles for more than a year at the time of the alleged injury. The undisputed evidence also shows that wires used for messenger service were also strung along on these poles, but without the *564affirmative consent of the defendant. On the occasion of a rain and snow fall, ice accumulated on the wires attached to these poles in such quantities that some of the wires were broken, and fell down upon the sidewalk, and one of the…
2Cases cited4 opinions
- Timlin v. Standard Oil Co.New York Court of Appeals · 1891
- Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Stevens v. . SquiresNew York Court of Appeals · 1852
- Timlin v. Standard Oil Co.New York Supreme Court · 1889
3Cited by1 opinion
- Fox v. . Village of ManchesterNew York Court of Appeals · 1905