Paul E. Holden, Individually and as Parent and Natural Guardian of James A. Holden, an Infant, Plaintiff,
v.
Joseph M. Boyle et al., Defendants. Joseph M. Boyle et al., Third-Party Plaintiffs-Respondents,
v.
Rochester Telephone Corporation et al., Third-Party Defendants-Appellants
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
May 15, 1981
May 15, 1981
Attorney(s) appearing for the Case
Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Daniel Overbeck of counsel), for People's Cable T. V., appellant.
Nixon, Hargrave, Devans & Doyle (Harold A. Kurland of counsel), for Rochester Telephone Corporation, appellant.
Culley, Marks, Corbett, Tanenbaum, Reifsteck & Potter (Merle Troeger of counsel), for respondents.
CARDAMONE, J. P., SIMONS, HANCOCK, JR., and DENMAN, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
SCHNEPP, J.
Rochester Telephone Corporation (RTC) and the Fairport Municipal Commission jointly own a 35-foot utility pole located on the northeast corner of property owned by Joseph and Ruth Boyle. Also on the Boyle property was a large poplar tree adjacent to the pole. Four utility lines attached to the pole passed through the branches of the tree. The Fairport Municipal Commission owned a 2,400-volt uninsulated...
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