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Hickok v. Auburn Light, Heat & Power Co.

120 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1909-12-08 English

Decision Majority — PER CURIAM. · Dissent — McLBLLAN, P. J.,

Contents
p. 1128
HICKOK, Respondent, v. AUBURN LIGHT, HEAT & POWER CO., Appellant.
(Supreme Court, Appellate Division, Fourth Department.
December 8, 1909.)

Headnote

Action by Caroline A. Hickok, as administratrix, etc., against the Auburn Light, Heat & Power Company.

Judgment and order affirmed, with costs.

dissents, upon the ground that the evidence fails to show that the defendant owed to plaintiff’s testator any active duty to guard against accidents which might occur to an inexperienced person at the place in Question.