Quill v. Empire State Telephone Co.
New York Supreme Court
Motion by the defendant upon the minutes of the court for a new trial. This is an action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant, which is a duly organized corporation, owning and using the necessary poles, wires and other appliances for the proper operation of its business of transmitting telephonic communications, with lines extending through some seven counties of this state, including the county of…
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Motion by the defendant upon the minutes of the court for a new trial. This is an action to recover damages for personal injuries alleged to have been occasioned by the negligence of the defendant, which is a duly organized corporation, owning and using the necessary poles, wires and other appliances for the proper operation of its business of transmitting telephonic communications, with lines extending through some seven counties of this state, including the county of Cayuga. At the junction of Genesee and Exchange streets in the city of Auburn it has caused to be erected a pole, ninety feet…
1Opinion of the CourtAdams, J.
The only questions argued upon this motion were those which involve the ^plaintiff’s right to maintain his' action against this defendant, the contention being that the evidence fails to establish any negligence upon the part of any one to which can be justly attributed the injury of which the plaintiff complains, but that, if any is proven, it is negligence upon the part of the Western Union Telegraph Company, or an employee of the city of Auburn, and not upon the part of the defendant.
It will be well, therefore, to consider these several propositions in the order in which they are stated,…
2Cases cited8 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Gottlieb v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Khron v. BrockMassachusetts Supreme Judicial Court · 1887
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3Cited by2 opinions
- Fox v. Union Turnpike Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Kremer v. New York Edison Co.Appellate Division of the Supreme Court of the State of New York · 1905