Legal Opinion

Braun v. . Buffalo General Electric Co.

New York Court of Appeals

Decided January 27, 1911PublishedCited by 66 opinions

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 14, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Whether or not defendant was negligent in not keeping the wires properly insulated was a question for the jury. (Horing v. H. R. Tel.

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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 14, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Whether or not defendant was negligent in not keeping the wires properly insulated was a question for the jury. (Horing v. H. R. Tel. Co., 111 App. Div. 122.) Defendant was negligent in not keeping the wires insulated at this point. (1 Thompson on…

1Opinion of the CourtHiscock, J.

While plaintiff’s intestate was engaged as a carpenter in the erection of a building on private premises in the city of Buffalo, he took hold of two wires strung and maintained by the respondent across said premises and carrying an electric current of a high voltage. Inasmuch as the insulation on these wires had become ragged and defective there followed the quite inevitable result — death of the man. The learned courts below have unanimously decided that the intestate was killed without legal responsibility on the part of the respondent for the part which it took in bringing about this…

2Cases cited19 opinions

  1. Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
  2. Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
  3. Giraude v. Elec. Improvement Co. of San JoseCalifornia Supreme Court · 1895
  4. Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
  5. McLaughlin v. Louisville Electric Light Co.Court of Appeals of Kentucky · 1896

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3Cited by66 opinions

  1. Tabor v. Continental Baking CompanyIndiana Court of Appeals · 1941
  2. Carlock v. Westchester Lighting Co.New York Court of Appeals · 1935
  3. Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
  4. Miner v. Long Island Lighting Co.New York Court of Appeals · 1976
  5. Boutlier v. City of MaldenMassachusetts Supreme Judicial Court · 1917

61 more not listed; retrieve them via the Exa API.

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