Olm v. New York & Queens Electric Light & Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert M. Olm, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 10th day of January, 1918, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Jenks, P. J.:
The plaintiff was a trimmer of trees in the department of parks, that ordered him to trim a tree within its jurisdiction. He climbed by a ladder, and then by a limb to another limb, where he stood to saw off a dead branch overhead. Soon after he had begun this work the limb broke and he was thrown to earth.
The plaintiff’s theory is that this limb, about six or eight inches thick, had been burned for three-quarters of its diameter by the cable of the defendant, an electric lighting company. The cable had been maintained for some years and was strung three or four inches above the…
2Cases cited12 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
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3Cited by2 opinions
- Miner v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1975
- Monongahela West Penn Public Service Co. v. AlbeyCourt of Appeals for the Sixth Circuit · 1929