Niagara Mohawk Power Corp. v. Smith

11 A.D.2d 905, 202 N.Y.S.2d 794, 1960 N.Y. App. Div. LEXIS 8763

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 1, 1960
• Status: Published

Opinion

Judgment unanimously modified on the law and facts by increasing the amount of the award to plaintiff to $289.21 and as modified affirmed, without costs of this appeal to either party. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The extraordinary expenses should not have -been depreciated in the computation of damages. (Cross appeals from judgment of Oneida Trial Term for plaintiff, in an action for negligent damage to a utility pole. Liability was conceded and only the question of damages was litigated.) Present — Williams, P. J., Bastow, Goldman, Halpem and Henry, JJ.