Carlock v. Westchester Lighting Co.
New York Court of Appeals
The trial court erred in ruling as matter of law that it was immaterial whether or not the ordinance was, as matter of fact, violated; that no causal connection between such violation, if any, and the accident could be found, as matter of fact; and in prohibiting a finding, as matter of fact, that the violation of the ordinance was not some evidence of the first link in the chain of concurrent proximate causes resulting in the death of plaintiff’s intestate.
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The trial court erred in ruling as matter of law that it was immaterial whether or not the ordinance was, as matter of fact, violated; that no causal connection between such violation, if any, and the accident could be found, as matter of fact; and in prohibiting a finding, as matter of fact, that the violation of the ordinance was not some evidence of the first link in the chain of concurrent proximate causes resulting in the death of plaintiff’s intestate. (Martin v. Herzog, 228 N. Y. 164; Meyers v. Barrett, 167 App. Div. 170; McGrath v. Home Ins. Co., 88 App. Div. 153; Ring v. City of…
1Opinion of the CourtFinch, J.
William F. Carlock, a member of the New York city fire department, responded with his company to an alarm of fire at a building under construction at Two Hundred and Thirteenth street and White Plains avenue. There was no sign of fire at the building when the firemen arrived. Carlock, carrying a fire hose, scaled the ladder to a scaffolding on the unfinished side of the building and, as he stepped upon the platform, his foot came in contact with live wires which electrocuted him.
Some years before, the defendant Westchester Lighting Company had erected poles to support its high tension wires…
2Cases cited1 opinion
- Braun v. . Buffalo General Electric Co.New York Court of Appeals · 1911
3Cited by56 opinions
- Dini v. NaiditchIllinois Supreme Court · 1960
- Ferrell v. BaxterAlaska Supreme Court · 1971
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Monroe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
- Kingsland v. Erie County Agricultural SocietyNew York Court of Appeals · 1949
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