Mikolasko v. New York State Elec. & Gas Corp.
| Decision Date | 23 April 1959 |
| Citation | 8 A.D.2d 648,185 N.Y.S.2d 95 |
| Parties | Joyce MIKOLASKO, Administratrix of the Goods, Chattels and Credits which were of Robert Mikolasko, late of the County of Broome, deceased, Plaintiff-Appellant, v. NEW YORK STATE ELECTRIC AND GAS CORPORATION, Ralph DiAngelo and Sper-Bra, Inc., Defendants-Respondents. NEW YORK STATE ELECTRIC AND GAS CORPORATION, Third-Party Plaintiff, v. John J. STAGE, d/b/a State Construction Company, Third-Party Defendant. Ralph DI ANGELO and Sper-Bra, Inc, Third-Party Plaintiffs, v. NEW YORK STATE ELECTRIC AND GAS CORPORATION and John J. Stage, d/b/a Stage Construction Company, Third-Party Defendants. |
| Court | New York Supreme Court — Appellate Division |
Cohn & Daniels, Binghamton, for appellant.
Kramer, Wales & Robinson, Binghamton, for respondent New York State Electric & Gas Corp.
Night, Keller & Birch, Binghamton, for respondents DiAngelo & Sper-Bra, Inc.
Charles G. Tierney, New York City, for third-party defendant Stage.
Before FOSTER, P. J., and BERGAN, COON, HERLIHY and REYNOLDS, JJ.
Appeal from an order of a Trial Term, Supreme Court, Broome County.
Plaintiff's intestate was employed by John J. Stage, a subcontractor installing manholes on a sewer project being constructed by defendants DiAngelo and Sper-Bra, Inc. Stage used a 'hydrocrane' for this work which had a boom 26 feet long when extended. Thirty-three feet above the ground at the place the work was being done were high tension wires of the New York State Electric and Gas Corporation. While in the process of placing a manhole, plaintiff's intestate, Robert Mikolasko, and his employer, Stage, sustained severe electric shock as the result of which Mikolasko died. The boom of the crane was noticed by one witness immediately after the accident to be one foot under the high tension wires; another witness described it as 'near' the wires. There is no proof of contact; but it is a fair assumption that electricity from the wires caused the death of Mikolasko. There is some proof suggesting that the crane was resting on a somewhat raised piece of ground when the accident happened.
In the third-party action against the power company and the general contractor the plaintiff's complaint has been dismissed by the Trial Term at the end of her proof. The negligence of the power company has not been demonstrated. No notice coming to it that the decedent's employer...
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