Sisters of St. Dominic v. Orange & Rockland Power Co.

In an action to recover damages for negligence and breach of contract, defendant appeals from a judgment of the Supreme Court, Rockland County, dated September 27, 1979, which was in plaintiffs’ favor, upon a jury verdict. Judgment reversed, on the law, without costs or disbursements, and new trial granted. The portion of the charge with respect to the standard of liability applicable to the defendant was erroneous. Once accepted by the Public Service Commission, a tariff schedule, including 'a limitation on liability provision, “takes on the force and effect of law and governs every aspect…