Majority
p. 518Generoso Petecca et al., as Administrators of the Estate of Michael Petecca, Deceased, Respondents, v. The Bronx Gas and Electric Company, Appellant, Impleaded with Others. (Argued October 23, 1923; decided November 20, 1923.)
Headnote
Negligence — electricity — death through coming in contact with lighting fixture ■ — • alleged defective transformer.Petecca v. Bronx Gas & Electric Co., 206 App. Div. 748 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 28, 1923, affirming a judgment in favor of plaintiffs entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. Decedent,. while delivering ice in a cellar came in contact with an electric lighting fixture and received a shock from which he died. The complaint alleged that defendant’s transformer was defective and allowed the entire current carried by the feed wire to pass into the building.
Thomas PL. Rothwell for appellant.
Thomas 0. Price for respondents.
p. 519
Judgment affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Hogan, Pound, McLaughlin, Crane and Andrews, JJ. Dissenting: Cardozo, J.