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Brecht v. Edison Electric Illuminating Co.

193 A.D. 905 Court N.Y. App. Div. English

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p. 905
Herbert Brecht, an Infant, by Henrietta Brecht, His Guardian ad Litem, Respondent, v. Edison Electric Illuminating Company of Brooklyn, Appellant.

Judgment and order reversed and new trial granted, with costs to abide the event, upon the ground that the trial justice erred to the substantial prejudice of defendant in refusing to charge the request at folio 417, and also at folio 426, in instructing the jury that the pole had not been accepted by the city prior to the accident. Jenks, P. J., Mills, Biaekmar, Kelly and Jaycox, JJ., eonem\