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LANE v. NEW YORK STATE ELEC. & GAS CORP.

No. 670, Docket 93-7653.

18 F.3d 172 (1994)

Kenneth R. LANE, II and Donna L. Lane, Plaintiffs-Appellants, v. NEW YORK STATE ELECTRIC & GAS CORPORATION; Kevin M. Hammond and Donna M. Hammond, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 7, 1994.

Attorney(s) appearing for the Case

Frederick J. DeFilippo, Elmira, NY (DeFilippo Brothers, of counsel), for plaintiffs-appellants.

Edward B. Hoffman, Elmira, NY (Donna M. Hutchison, Sayles, Evans, Brayton, Palmer & Tifft, of counsel), for defendant-appellee New York State Elec. & Gas Corp.

Michael E. Davis, Pittsford, NY (Michael G. Donnelly, of counsel), for defendants-appellees Kevin M. Hammond and Donna M. Hammond.

Before: OAKES, KEARSE and CARDAMONE, Circuit Judges.

OAKES, Senior Circuit Judge:

Appellants Kenneth R. Lane ("Lane") and Donna L. Lane commenced this diversity action to recover for injuries sustained by Lane as a result of his electrocution by high-voltage electrical power distribution lines owned, operated, and maintained by defendant-appellee New York State Electric & Gas Corporation ("NYSEG"). The accident occurred while Lane was climbing a 125-year old, rotting, hollow, red maple tree on North Street in the...

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