Legal Opinion

Bishop v. Kingston Gas & Electric Co.

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 1917Published

Appeal by the defendant, The Kingston Gas and Electric Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 26th day of November, 1915, upon the verdict of a jury for $15,000, reduced by stipulation to $11,000. The appeal is taken from said judgment as corrected by an order entered in the office of the clerk of the county of Ulster on the 14th day of March, 1916. Defendant also appeals from…

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Appeal by the defendant, The Kingston Gas and Electric Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 26th day of November, 1915, upon the verdict of a jury for $15,000, reduced by stipulation to $11,000. The appeal is taken from said judgment as corrected by an order entered in the office of the clerk of the county of Ulster on the 14th day of March, 1916. Defendant also appeals from an order entered in said clerk’s office on or about the 26th day of October, 1915, denying defendant’s motion for a new…

1Per curiam

The trial court submitted to the jury the question whether Bishop’s death at this arc lamp was due to electric shock, also if defendant had taken sufficient precautions in securing the wires to the crossarm at the corner of Elmendorf street and Ten Broeck avenue. The jury’s finding for plaintiff was well sustained in view of the obvious risks of carrying primary and secondary electric wires thus held by wooden pins in the same crossarm without any protecting guard. This crossarm was fifteen feet lower than that across Elmendorf street, making an angular rise, which subjected the insulators on…

2Cases cited3 opinions

  1. Larkin v. New York Telephone Co.New York Court of Appeals · 1917
  2. Schoonmaker v. Pittsburgh Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1916
  3. Larkin v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1915

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