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MANNING v. NEW YORK TELEPHONE COMPANY

No. 255, Docket 31608.

388 F.2d 910 (1968)

Robert MANNING, Plaintiff-Appellee, v. NEW YORK TELEPHONE COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 1, 1968.

Attorney(s) appearing for the Case

Frank A. Fritz, New York City (Thomas as C. Platt, Averill M. Williams and Bleakley, Platt, Schmidt, Hart & Fritz, New York City, on the brief), for appellant.

E. Stewart Jones, Troy, N. Y. (Morris Hirschhorn, New York City, on the brief), for appellee.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.

HAYS, Circuit Judge:

Robert Manning, a lineman employed by the Niagara Mohawk Power Company, fell from a utility pole in Massena, New York, suffering injuries which will leave him almost totally paralyzed for the rest of his life. A jury found that the accident resulted from the negligence of the New York Telephone Company, co-owner of the pole, and returned a verdict in the amount of $750,000.

Plaintiff claimed that his accident was caused by a loose step...

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