Heskell v. Auburn Light, Heat & Power Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial depertment, entered July 15, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. 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 depertment, entered July 15, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The deceased was a trespasser, or, at best, a bare licensee upon defendant’s pole, and the defendant owed him no duty to keep the wires near the top of the pole insulated or to use any particular method of construction. (Hickok v. Auburn L., H. & P. Co., 200 N. Y. 464; Freeman v. Brooklyn Heights Ry. Co., 54 App.…
1Opinion of the CourtCollin, J.
The death of the plaintiff’s intestate resulted from his contact with an electrically charged wire belonging to the defendant while upon one of its poles. The action is to recover the damages sustained by reason of the death. Inasmuch as the decision of the Appellate Division was not. unanimous, we must ascertain by a scrutiny of the evidence whether or not there was any proof permitting the jury to return a verdict in favor of the plaintiff. If there was no evidence that tended to support the verdict the submission of the case to the jury was error. (Hickok v. Auburn Light, H. & P. Co., 200…
2Cases cited22 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
- Barry v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1883
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3Cited by56 opinions
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Vaughan v. . Transit Development Co.New York Court of Appeals · 1917
- Carbone v. MacKchil Realty Corp.New York Court of Appeals · 1947
- Eugene O'COnnOr v. The Pennsylvania Railroad CompanyCourt of Appeals for the Second Circuit · 1962
- Salvin v. . Myles Realty Co.New York Court of Appeals · 1919
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