Farina v. Niagara Mohawk Power Corp.

Weiss, J. (concurring in part and dissenting in part). I disagree in part with the majority and hold that the “Third” and “Fourth” causes of action grounded in strict liability are viable and should be tried. The facts pleaded may permit recovery on the theory that the transmission of electricity in a highly populated area via overhead lines is an abnormally dangerous activity, which doctrine, unlike products liability, does not require the sale or placement of a product into the stream of commerce, or proof of defect in manufacture. Proof may be allowed upon trial to establish the abnormally…