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NEW YORK STATE ELEC. & GAS CORP. v. J. C. A. TRUCK LEASING, INC.

19 N.Y.2d 926 (1967)

New York State Electric & Gas Corporation, Appellant, v. J. C. A. Truck Leasing, Inc., Respondent.

Court of Appeals of the State of New York.

Decided May 23, 1967.

Attorney(s) appearing for the Case

Richard B. Thaler for appellant.

D. Bruce Crew, III, for respondent.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.

Order reversed and new trial granted, with costs to abide the event in a memorandum. (Stevens v. Hulse, 263 N.Y. 421; Cohen and Karger, Powers of New York Court of Appeals, § 174, p. 661; Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132.) The proper measure of damages for destruction of a utility pole is replacement cost less depreciation and salvage plus extraordinary expenses (New York State Elec. & Gas...

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