Symanski v. New York & Queens Electric Light & Power Co.

Majority

p. 583

Edward Symanski, an Infant, by Stanislaw Symanski, His Guardian ad Litem, Respondent, v. New York and Queens Electric Light and Power Company, Appellant. Stanislaw Symanski, Respondent, v. New York and Queens Electric Light and Power Company, Appellant.

Headnote

Negligence — gas and electricity — boy injured, while climbing in tree, by coming in contact with electric wire.

Symanski v. N. Y. & Queens E. L. & P. Co. (2 cases), 207 App. Div. 862 , affirmed.

(Submitted January 11, 1924;

decided February 19, 1924.)

Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 20, 1923, affirming a judgment in favor of plaintiff entered upon a verdict. The first action was to recover for personal injuries alleged to have been sustained by plaintiff, a boy twelve years of age, through the negligence of defendant. The second, by the father of the infant, was to recover for loss of services and expense arising from such injuries. The boy while climbing a tree came

p. 584

in contact with one of defendant’s electric wires causing the injury complained of. It was alleged that the insulation was defective,

Chauncey B. Garver for appellant.

Edgar J. Treacy for respondents.

Judgment in each case affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ. Dissenting: McLaughlin, J.