Legal Opinion
Newman v. Consolidated Edison Co.
Appellate Terms of the Supreme Court of New York
Decided July 19, 1973PublishedCited by 12 opinions
1Opinion of the Court
Memorandum. Judgment unanimously reversed, with $10 costs to defendant, and new trial ordered.
In our opinion, it was error to refuse to admit into evidence the printed copy of Consolidated Edison’s rate schedule, although uncertified, which showed “ a public service commission- * * * number of this state and an effective date ” (CPLR 4540, subd. ¡[d]). Said copy is prima facie evidence of the filed original tariff or classification and, pursuant thereto, defendant is not liable for the interruption of its supply of service arising from the ordinary negligence of' its employees, servants or…
2Cases cited2 opinions
- Hamilton Employment Service, Inc. v. New York Telephone Co.New York Court of Appeals · 1930
- Matter of Leitner v. New York Telephone Co.New York Court of Appeals · 1938
3Cited by12 opinions
- Lee v. Consolidated Edison Co.Appellate Terms of the Supreme Court of New York · 1978
- United States of America, Plaintiff-Appellee-Cross-Appellant v. Consolidated Edison Company of New York, Inc., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1978
- Landrum v. Florida Power & Light Co.District Court of Appeal of Florida · 1987
- Lo Vico v. Consolidated Edison Co.Appellate Terms of the Supreme Court of New York · 1979
- Lee v. Consolidated Edison Co.Civil Court of the City of New York · 1978
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