50 Misc. 651 | N.Y. App. Term. | 1906
The defendant operates its railway by means of an overhead trolley. About half-past five o’clock, on the 20th day of August, 1905, the plaintiff was driving a truck with two horses along defendant’s track, when one of the horses came into contact with a.wire which had, by some means, been thrown over and then hung from defendant’s feed wire. The horse received an electrical shock from which it immediately died. The wire was not of a kind used by the defendant and evidently was no part of its equipment, and the circumstances pointed irresistibly to the conclusion that some mischievous person had thrown this loose piece of wire over defendant’s feed wire and left it
Truax and Bischoff, JJ., concur.
Judgment reversed and new trial granted, with costs to appellant to abide event.