Sullivan v. New York Telephone Co.

231 A.D. 781 | N.Y. App. Div. | 1930

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.