Ferrari v. New York Cent. R.R. Co.

• Decision Date: 31 December 1928
• Citation: 166 N.E. 311,250 N.Y. 527
• Parties: Nicholas FERRARI, as Administrator of the Estate of Dominick Ferrari, Deceased, Respondent and Appellant, v. NEW YORK CENTRAL RAILROAD COMPANY, Respondent, and Rochester Gas & Electric Corporation, Appellant.
• Court: New York Court of Appeals Court of Appeals

250 N.Y. 527

166 N.E. 311

Nicholas FERRARI, as Administrator of the Estate of Dominick Ferrari, Deceased, Respondent and Appellant,

v.NEW YORK CENTRAL RAILROAD COMPANY, Respondent, and Rochester Gas & Electric Corporation, Appellant.

Court of Appeals of New York.

Dec. 31, 1928.

Appeal from a judgment of the Appellate Division of the Supreme Court in the Fourth Judicial Department (224 App. Div. 182, 230 N. Y. S. 60), entered July 12, 1928, affirming a judgment in favor of plaintiff entered upon a verdict as to the defendant appellant, and reversing said judgment and directing a dismissal of the complaint as to the defendant respondent herein. The action was to recover for the death of plaintiff's intestate alleged to have been occasioned through the negligence of defendants. The defendant New York Central Railroad Company maintained a bridge in the city of Rochester, to carry its tracks over and across King street and had constructed false work of planks and timbers in the street for the purpose of repairing the bridge. The defendant Rochester Gas & Electric Corporation maintained an electric wire which passed beneath the bridge carrying a heavy voltage of electricity, on which the insulation had become worn and frayed. Intestate, a boy between eight and nine years of age, while climbing on the false work under the bridge came in contact with the electric wire and received a shock which threw him to the street below causing injuries resulting in his death.

Paul Folger, of Rochester, for appellant.

Harold G. Hutchens and John B. Abbott, both of Rochester, for plaintiff respondent and appellant.

William Mann and Alexander S. Lyman, both of New York City, for defendant respondent.

PER CURIAM.

Judgment affirmed, with costs to the plaintiff against Rochester Gas & Electric Corporation and with costs to defendant New York Central Railroad Company against plaintiff.

CARDOZO, C. J., and POUND, CRANE, ANDREWS, LEHMAN, KELLOGG, and O'BRIEN, JJ., concur.