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Niagara Mohawk Power Corp. v. Smith

11 A.D.2d 905 Court N.Y. App. Div. Decision date 1960-07-01 English

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p. 905
Niagara Mohawk Power Corporation, Appellant-Respondent, v. Rodney Smith, Respondent-Appellant.

Judgment unanimously modified on the law and facts by increasing the amount of the award to plaintiff to $289.21 and as modified affirmed, without costs of this appeal to either party. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The extraordinary expenses should not have -been depreciated in the computation of damages. (Cross appeals from judgment of Oneida Trial Term for plaintiff, in an action for negligent damage to a utility pole. Liability was conceded and only the question of damages was litigated.) Present — Williams, P. J., Bastow, Goldman, Halpem and Henry, JJ.