Ward v. New York State Electric & Gas Corp.
Cases that cite this one
5 later published cases cite this decision.
- Zasada v. Niagara Mohawk Power Corp. (Appellate Division of the Supreme Court of New York 1975)
- Albert Banks v. Central Hudson Gas & Electric Corporation, and Ninnie Brothers, Third-Party (2d Cir. 1955)
- Pike v. Consolidated Edison Co. of New York, Inc. (Appellate Division of the Supreme Court of New York 1950)
- Bennett v. New York & Queens Electric Light & Power Co. (N.Y. 1945)
- Bennett v. New York & Queens Electric Light & Power Co. (Appellate Division of the Supreme Court of New York 1944)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We agree with the Appellate Division that there is no testimony in this record to support a jury finding that defendant failed to comply with a definite notice or warning that the wires had to be removed before a fixed date. However, it was still a question of fact for the jury as to whether under all the circumstances defendant had reason to anticipate that the crane might come into contact with the wires and as to whether defendant’s failure thereafter to remove the wires was negligent.
The judgments should be reversed and a new trial granted with costs to the appellant to abide the event.
Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur; Lehman, Ch. J., dissents and votes to affirm.
Judgments reversed, etc.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.