Legal Opinion
Emery v. Rochester Telephone Corp.
New York Court of Appeals
Decided July 8, 1936PublishedCited by 10 opinions
1Opinion of the CourtLoughran, J.
Kathleen Emery, aged seven years, died of scarlet fever. Her father, Lewis E. Emery, as her administrator, brings this action under article 5 of the Decedent Estate Law (Cons. Laws, ch. 13), complaining that the child’s death was the result of a wrongful neglect or default by the defendant telephone company of its duty as a public service corporation.
In its answer the company sets forth as a second affirmative defense that a schedule of its rates filed with the Public Service Commission limited liability for failure of service to pro rata allowances upon its monthly charges. The Appellate…
2Cases cited10 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Prink v. Rockefeller Center, Inc.New York Court of Appeals · 1979
- Teller v. Prospect Heights HospitalNew York Court of Appeals · 1939
- Global Crossing Telecommunications, Inc. v. CCT Communications, Inc. (In Re CCT Communications, Inc.)United States Bankruptcy Court, S.D. New York · 2011
- Stern Bros. v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Tuosto v. Philip Morris USA Inc.District Court, S.D. New York · 2009
5 more not listed; retrieve them via the Exa API.