Ward v. . Atlantic and Pacific Telegraph Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of the original plaintiff (plaintiff’s intestate), entered upon a verdict. This action was brought to recover damages sustained by plaintiff’s intestate from the falling of one of defendant’s telegraph poles, in one of the streets in the city of Brooklyn. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of the original plaintiff (plaintiff’s intestate), entered upon a verdict. This action was brought to recover damages sustained by plaintiff’s intestate from the falling of one of defendant’s telegraph poles, in one of the streets in the city of Brooklyn. The facts sufficiently appear in the opinion. Defendant was only bound to exercise an ordinary and reasonable degree of care and vigilance in the construction and maintenance of its line. (S. & R. on Neg., § 349;…
1Opinion of the CourtEarl, J.
The defendant had the right to place its line in the street, and hence it can be made responsible for the accident only by proof of culpable negligence on its part, either in the construction of the line or its maintenance. If the post which broke and fell was originally not reasonably sufficient, or if it was permitted carelessly to become and be insufficient by decay, then responsibility attaches to the defendant for the accident.
The plaintiff claimed, on the trial, that there was some evidence that the post was originally insufficient; and, also, that it became so by decay; and the judge…
2Cases cited2 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
3Cited by14 opinions
- Gibson v. GarciaCalifornia Court of Appeal · 1950
- Terrell v. . WashingtonSupreme Court of North Carolina · 1912
- Gibson v. DentonAppellate Division of the Supreme Court of the State of New York · 1896
- Higgins v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894
- Southwestern Telegraph & Telephone Co. v. BeattySupreme Court of Arkansas · 1896
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