MANLEY v. NEW YORK TEL. CO.


303 N.Y. 18 (1951)

Freeman Manley, Respondent, v. New York Telephone Company, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1951


Attorney(s) appearing for the Case

Patrick J. Tierney and Irving W. Young for appellant.

F. Walter Bliss, John S. Hall and Robert H. Ecker for respondent.

LEWIS, CONWAY and FULD, JJ., concur with FROESSEL, JJ.; DESMOND, J., dissents in opinion in which LOUGHRAN, Ch. J., and DYE, J., concur.


FROESSEL, J.

In this action to recover damages for a paralysis of his right side, plaintiff alleged in his complaint that while removing a telephone receiver in Schroon Lake, New York, he "received a violent charge of electricity which knocked [him] down on the floor" as the result of defendant's negligence. In his bill of particulars, he charged that a circuit in the city of Glens Falls connecting with the Schroon...

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