Moersdorf v. New York Telephone Co.
Supreme Court of New Jersey
On appeal from the Supreme Court, Hudson Circuit. Frank E. Moersdorf, plaintiffs decedent because of whose death suit is brought, was a lineman in the employ of the city of Jersey City in its lire alarm department, and was killed 'while in the performance of his duties in repairing fire department wires, by the falling of a pole erected in a public highway (Jersey avenue), upon the top bar of which such wires were strung, and at the top of which he was working.
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On appeal from the Supreme Court, Hudson Circuit. Frank E. Moersdorf, plaintiffs decedent because of whose death suit is brought, was a lineman in the employ of the city of Jersey City in its lire alarm department, and was killed 'while in the performance of his duties in repairing fire department wires, by the falling of a pole erected in a public highway (Jersey avenue), upon the top bar of which such wires were strung, and at the top of which he was working. The pole fell because it was rotted off at a point a few inches below the surface of the ground and of the flag or concrete sidewalk…
1Opinion of the Court
The opinion of the court was delivered by
White, J.
The evidence fully justified the finding of the jury that the decedent was not guilty of contributory negligence and that he came to his death as the result of someone’s negligence in the failure to “inspect” the rotten pole upon which his duties in the service of the city required him to work. The only questions raised by the appeal requiring consideration, therefore, result from the refusal to nonsuit and to direct a verdict in favor of the two defendants, respectively, and from the portion of the charge hereinafter referred to.
It is, of…
2Cases cited2 opinions
- Delaware, Lackawanna & Western Railroad v. ReichSupreme Court of New Jersey · 1898
- New York & New Jersey Telephone Co. v. SpeicherSupreme Court of New Jersey · 1896
3Cited by6 opinions
- Grayson v. DurantSupreme Court of Oklahoma · 1914
- Howard v. City of StillwaterSupreme Court of Minnesota · 1927
- City of Camden v. McAndrews & Forbes Co.Supreme Court of New Jersey · 1913
- Ferry v. SettleSupreme Court of New Jersey · 1951
- Howard v. Minneapolis & St. Paul Suburban RailroadSupreme Court of Minnesota · 1927
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