Storm v. New York Telephone Co.

Appellate Division of the Supreme Court of New York

Storm v. New York Telephone Co.

243 A.D. 581

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

DecidedDecember 15, 1934

StatusPublished

This text of 243 A.D. 581 (Storm v. New York Telephone Co.) 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

Storm v. New York Telephone Co., 243 A.D. 581 (N.Y. Ct. App. 1934).

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Opinion

Judgment in plaintiff’s favor for $19,674.56 for negligently causing the death of plaintiff’s intestate as a result of the fall of a telephone pole on which the deceased was working as an employee of the Westchester Lighting Company, and order, unanimously affirmed, with costs. There was a non-delegable duty owing by defendant to provide for safety on the pole or to make provision therefor to one rightfully using it. (Murphy v. Rochester Telephone Co., 208 App. Div. 392; affd., 240 N. Y. 629; Rose v. Missouri Dist. Teleg. Co., 328 Mo. 1009; 81 A. L. R. 400, and annotations, p. 415.) The telephone company could have placarded each pole, as is not infrequently done, and thereby brought home notice to the deceased personally, and the jury could find liability on this or a similar omission. Present — Lazansky, P. J., Young, Carswell, Scudder and Davis, JJ.

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Judgment in plaintiff’s favor for $19,674.56 for negligently causing the death of plaintiff’s intestate as a result of the fall of a telephone pole on which the deceased was working as an employee of the Westchester Lighting Company, and order, unanimously affirmed, with costs. There was a non-delegable duty owing by defendant to provide for safety on the pole or to make provision therefor to one rightfully using it. (Murphy v. Rochester Telephone Co., 208 App. Div. 392; affd., 240 N. Y. 629; Rose v. Missouri Dist. Teleg. Co., 328 Mo. 1009; 81 A. L. R. 400, and annotations, p. 415.) The telephone company could have placarded each pole, as is not infrequently done, and thereby brought home notice to the deceased personally, and the jury could find liability on this or a similar omission. Present — Lazansky, P. J., Young, Carswell, Scudder and Davis, JJ.

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243 A.D. 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/storm-v-new-york-telephone-co-nyappdiv-1934.

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