Legal Opinion

Geer v. New York & Pennsylvania Telephone & Telegraph Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 1911PublishedCited by 3 opinions

Appeal "by the plaintiff,. Ida B. Geer, as sole administratrix, etc., from a judgment of the Supreme Court, entered in the office of the clerk of the county of Chemung on the 19th day of November, 1910, upon the dismissal of fhe complaint by direction of the court at the close of plaintiff’s case on a trial at the Chemung Trial Term, and also from an order entered in said clerk’s office on the same day, denying the plaintiff’s motion for a new.trial made upon the-minutes.

1Opinion of the Court

Houghton, J.:

The plaintiff’s intestate had been in, the employ of the defendant as repairer of its telephone line for about two years and nine months previous to his death, and. was familiar with the details of repair and the construction of the defendant’s line which ran through several counties bordering on the State of Pennsylvania.

In the city of Elmira the telephone wires are encased in a lead cable which' is suspended from what is known as a messenger wire attached to poles. In the vicinity of the junction of John and High streets in that city this messenger wire is attached to the top…

2Cases cited3 opinions

  1. Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
  2. Dwyer v. Buffalo General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897
  3. Raab v. Hudson River Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1910

3Cited by3 opinions

  1. Moscato v. Prince Line, Ltd.Appellate Division of the Supreme Court of the State of New York · 1914
  2. Wicks v. Cowperthwait Co.Appellate Division of the Supreme Court of the State of New York · 1922
  3. Fearick v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1924

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