Seeberger v. Putnam & Co. — 244 N.Y. 545

Majority

p. 545

Otto Seeberger, Respondent, v. Putnam & Co., Inc., et al., Appellants.

Headnote

Negligence — electricity — action for injury received from coming in contact with rail charged with electricity while installing piping in building.

Seeberger v. Putnam & Co., Inc., 216 App. Div. 843 , affirmed.

(Argued December 1, 1926;

decided December 31, 1926.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 11,1926, unanimously affirming

p. 546

a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, while installing a sprinkler system in the plant of defendant Rubin & Co., came in contact with a rail charged with electricity, from which power was derived to operate a crane which was being installed by defendant Putnam & Co., Inc., causing the injury complained of. Negligence was predicated on failure to warn plaintiff that the current had been or was about to be turned on.

George J. Stacy and James J. Mahoney for Putnam & Co., appellant.

Clarence S. Zipp and E. C. Sherwood for appellant.

■ John C. Robinson, Morris A. Wainger and Albert A. Sarafan for respondent.

Judgment affirmed, with costs; no opinion.

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