Gordon v. . Ashley
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. This action was brought to recover damages from the defendant for maintaining an electric wire for lighting purposes so negligently as to cause the death of the plaintiffs’ intestate.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 9, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. This action was brought to recover damages from the defendant for maintaining an electric wire for lighting purposes so negligently as to cause the death of the plaintiffs’ intestate. A general denial and contributory negligence were the defenses set forth in the answer. Upon the first trial trial the plaintiffs had a verdict, but the Appellate Division…
1Opinion of the CourtVann, J.
The primary question in this case is who owned and maintained the electric wire that caused the death of the plaintiffs’ intestate? The leading facts, as the jury might have found them, are as follows: On the 3d of February, 1898, the defendant entered into a written contract with the village of Whitehall whereby he agreed to erect a plant and light its streets and public buildings with electricity for the term of five years from the first of May following. The village gave him a franchise during the existence of the contract “to erect and maintain poles, string wires and to furnish electric…
2Cases cited4 opinions
- In Re the Accounting of TottenNew York Court of Appeals · 1904
- Volkmar v. Manhattan Railway Co.New York Court of Appeals · 1892
- Honegger v. . WettsteinNew York Court of Appeals · 1883
- Saranac & Lake Placid Railroad v. ArnoldNew York Court of Appeals · 1901
3Cited by12 opinions
- Proctor Electric Co. v. ZinkCourt of Appeals of Maryland · 1958
- Warner v. New York, Ontario & Western Railway Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Gebby v. CarrilloNew Mexico Supreme Court · 1918
- Baudenbach v. SchwerdtfegerAppellate Division of the Supreme Court of the State of New York · 1928
- Bell v. HydeAppellate Division of the Supreme Court of the State of New York · 1941
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