McGuire v. . Bell Telephone Co.
New York Court of Appeals
Appeal from a judgment entered Jane 27, 1900, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for the plaintiff on the 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 entered Jane 27, 1900, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for the plaintiff on the verdict. The.nature of the action and the facts, so far as material, are stated in the opinion. The trial judge erred in charging that the employer is bound to establish a system of inspection, below the surface of the ground, of poles which its linemen are required to…
1Opinion of the CourtCullen, J.
The action is servant against master to recover damages for personal injuries. The plaintiff at the time of his injury was a lineman in the employ of the defendant, and pursuant to the direction of his foreman had climbed a pole on which the defendant’s wires were strung for the purpose of tightening those wires. While engaged in this work the pole broke and the plaintiff was precipitated to the ground, receiving severe injuries. It then appeared that the pole was decayed and rotten in the interior with a mere shell of sound wood on the outside. It is conceded that the defective condition of…
2Cases cited11 opinions
- Reed v. . McCordNew York Court of Appeals · 1899
- Larmore v. . Crown Point Iron Co.New York Court of Appeals · 1886
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Probst v. . DelamaterNew York Court of Appeals · 1885
- McIsaac v. Northampton Electric Lighting Co.Massachusetts Supreme Judicial Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Citrone v. O'Rourke Engineering Construction Co.New York Court of Appeals · 1907
- Mullin v. Genesee County Electric Light, Power & Gas Co.New York Court of Appeals · 1911
- Terrell v. City of WashingtonSupreme Court of North Carolina · 1912
- Citizens Telephone Co. v. PrickettIndiana Supreme Court · 1919
- Terrell v. . WashingtonSupreme Court of North Carolina · 1912
43 more not listed; retrieve them via the Exa API.