Magee v. New York Telephone Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 21,1913, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. The decision of the Appellate Division as to the liability of the telephone company was unanimous, but as to the liability of the railway company it was not. Permission to appeal to this court was granted to the former.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 21,1913, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict. The decision of the Appellate Division as to the liability of the telephone company was unanimous, but as to the liability of the railway company it was not. Permission to appeal to this court was granted to the former. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to prove negligence on the part of the said…
1Opinion of the CourtHogan, J.
Plaintiff’s intestate was a lineman in the employ of the telephone company and died as the result of injuries sustained as hereinafter mentioned.
On Manor road, between Richmond turnpike and Cherry lane, borough of Richmond, the railway company had lawfully maintained for a number of years, as a part of the equipment in the operation of a street railroad, poles upon which an insulated feed wire was strung which carried a voltage of about five hundred fifty volts. The feed wire at the time of the accident had been in use for fourteen years. The telephone company also maintained a line of…
2Cited by3 opinions
- Troidie v. Adirondack Power & Light Corp.New York Court of Appeals · 1930
- Dansbery v. Northern States Power Co.Wisconsin Supreme Court · 1926
- Adams v. United Light, Heat & Power Co.Superior Court of Pennsylvania · 1918