Sullivan v. New York Telephone Co.

Appellate Division of the Supreme Court of New York

Sullivan v. New York Telephone Co.

231 A.D. 781

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

DecidedNovember 15, 1930

StatusPublished

This text of 231 A.D. 781 (Sullivan 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

Sullivan v. New York Telephone Co., 231 A.D. 781 (N.Y. Ct. App. 1930).

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Opinion

Judgment and order affirmed, with costs. Van Kirk, P. J., Davis, Whitmyer and Hill, JJ., concur; Hinman, J., dissents and votes for reversal and new trial on the ground that the doctrine of res ipsa loquitur did not apply in the absence of exclusive control of the wire, poles and fixtures, and that the plaintiff did not show actual or constructive notice to the defendant in view of the facts proven and the contingencies reasonably to be foreseen.

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Judgment and order affirmed, with costs. Van Kirk, P. J., Davis, Whitmyer and Hill, JJ., concur; Hinman, J., dissents and votes for reversal and new trial on the ground that the doctrine of res ipsa loquitur did not apply in the absence of exclusive control of the wire, poles and fixtures, and that the plaintiff did not show actual or constructive notice to the defendant in view of the facts proven and the contingencies reasonably to be foreseen.

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Bluebook (online)

231 A.D. 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sullivan-v-new-york-telephone-co-nyappdiv-1930.