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PERSONIUS v. MANN

20 A.D.3d 616 (2005)

798 N.Y.S.2d 195

HUGH PERSONIUS et al., Appellants, v. JOHN G. MANN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 7, 2005.

Rose, J.

Plaintiff Hugh Personius (hereinafter plaintiff), an employee of an electric utility company, went onto defendants' farm for the purpose of cutting off electric power to a barn that was on fire. In order to do so, plaintiff placed a ladder against a utility pole that defendant John G. Mann (hereinafter defendant) had erected on the farm some 40 years earlier. Plaintiff climbed the ladder and, as he was securing...

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