New York State Electric & Gas Corp. v. J. C. A. Truck Leasing, Inc.

New York Court of Appeals

New York State Electric & Gas Corp. v. J. C. A. Truck Leasing, Inc.

228 N.E.2d 393, 19 N.Y.2d 926, 281 N.Y.S.2d 335, 1967 N.Y. LEXIS 1464

CourtNew York Court of Appeals

DecidedMay 23, 1967

StatusPublished

Cited by3 cases

This text of 228 N.E.2d 393 (New York State Electric & Gas Corp. v. J. C. A. Truck Leasing, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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New York State Electric & Gas Corp. v. J. C. A. Truck Leasing, Inc., 228 N.E.2d 393, 19 N.Y.2d 926, 281 N.Y.S.2d 335, 1967 N.Y. LEXIS 1464 (N.Y. 1967).

Pincite

Opinion

Order reversed and new trial granted, with costs to abide the event in a memorandum. (Stevens v. Hulse, 263 N. Y. 421; Cohen and Karger, Powers of New York Court of Appeals, § 174, p. 661; Pfaffenbach v. White Plains Express Corp., 17 N Y 2d 132.) The proper measure of damages for destruction of a utility pole is replacement cost less depreciation and salvage plus extraordinary expenses (New York State Elec. & Gas Corp. v. Fischer, 24 A D 2d 683, mot. for lv. to app. den. 17 N Y 2d 417). The trial court improperly charged that the jury could determine whether depreciation should be deducted or not. This was error. What is the proper amount of depreciation is a question of fact for the jury.

Concur: Chief Judge Fuld and Judges Yah Voorhis, Burke, Scileppi, Bergah, Keating and Br.eitel.

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Order reversed and new trial granted, with costs to abide the event in a memorandum. (Stevens v. Hulse, 263 N. Y. 421; Cohen and Karger, Powers of New York Court of Appeals, § 174, p. 661; Pfaffenbach v. White Plains Express Corp., 17 N Y 2d 132.) The proper measure of damages for destruction of a utility pole is replacement cost less depreciation and salvage plus extraordinary expenses (New York State Elec. & Gas Corp. v. Fischer, 24 A D 2d 683, mot. for lv. to app. den. 17 N Y 2d 417). The trial court improperly charged that the jury could determine whether depreciation should be deducted or not. This was error. What is the proper amount of depreciation is a question of fact for the jury.

Concur: Chief Judge Fuld and Judges Yah Voorhis, Burke, Scileppi, Bergah, Keating and Br.eitel.

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Bluebook (online)

228 N.E.2d 393, 19 N.Y.2d 926, 281 N.Y.S.2d 335, 1967 N.Y. LEXIS 1464, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-state-electric-gas-corp-v-j-c-a-truck-leasing-inc-ny-1967.

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