Russell v. New York State Electric & Gas Corp.

This is an appeal by the plaintiff from an order and judgment which set aside the verdict of a jury rendered in his favor in a negligence action, and dismissed his complaint on the ground that he was guilty of contributory negligence as a matter of law. This disposition of the case by the trial court requires us to assume every inference favorable to the plaintiff that may he fairly drawn from the testimony.

The defendant-respondent owns and maintains an electric light and power line along the Burden Lake-Averill Park high*46way in the county of Bensselaer. On November 8, 1947, between 12:30 noon…