Scott v. Erdman

Appellate Division of the Supreme Court of New York

Scott v. Erdman

5 A.D.2d 849, 172 N.Y.S.2d 542, 1958 N.Y. App. Div. LEXIS 6879

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 24, 1958

StatusPublished

This text of 5 A.D.2d 849 (Scott v. Erdman) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scott v. Erdman, 5 A.D.2d 849, 172 N.Y.S.2d 542, 1958 N.Y. App. Div. LEXIS 6879 (N.Y. Ct. App. 1958).

Pincite

Opinion

Action against the Long Island Lighting Company by an employee of the New York Telephone Company to recover damages for personal injuries, alleged to have been received from an electrical shock when the employee came in contact with high tension lines of the Lighting Company while he was servicing a telephone line. The [850]*850big'll tension lines and the telephone line were attached to a pole alleged to be owned jointly by the two companies. The Lighting Company served a third-party complaint on the Telephone Company for judgment over alleging that the Telephone Company had been negligent and that a contract between the two companies made the Telephone Company responsible for personal injuries received by its employees caused by the concurrent negligence of both parties, or due to causes which cannot be traced to the sole negligence of either party. The Lighting Company appeals from a judgment entered on a jury verdict in favor of the Telephone Company employee against it and in favor of the Telephone Company dismissing the third-party complaint. Judgment unanimously affirmed, with costs. No issue has been raised as to the amount of the verdict, and accordingly this court has not considered that question.

Present — Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Action against the Long Island Lighting Company by an employee of the New York Telephone Company to recover damages for personal injuries, alleged to have been received from an electrical shock when the employee came in contact with high tension lines of the Lighting Company while he was servicing a telephone line. The [850]*850big'll tension lines and the telephone line were attached to a pole alleged to be owned jointly by the two companies. The Lighting Company served a third-party complaint on the Telephone Company for judgment over alleging that the Telephone Company had been negligent and that a contract between the two companies made the Telephone Company responsible for personal injuries received by its employees caused by the concurrent negligence of both parties, or due to causes which cannot be traced to the sole negligence of either party. The Lighting Company appeals from a judgment entered on a jury verdict in favor of the Telephone Company employee against it and in favor of the Telephone Company dismissing the third-party complaint. Judgment unanimously affirmed, with costs. No issue has been raised as to the amount of the verdict, and accordingly this court has not considered that question.

Present — Nolan, P. J., Wenzel, Ughetta, Hallinan and Kleinfeld, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

5 A.D.2d 849, 172 N.Y.S.2d 542, 1958 N.Y. App. Div. LEXIS 6879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-erdman-nyappdiv-1958.