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HUMPHRIES v. CONSOLIDATED EDISON CO. OF NEW YORK

No. 66 Civ. 206.

314 F.Supp. 1052 (1969)

Walter HUMPHRIES, Plaintiff, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, Inc., Defendant and Third-Party Plaintiff, v. J. LIVINGSTON & COMPANY and Eberhart Construction Company, Inc., Third-Party Defendants.

United States District Court, S. D. New York.

August 13, 1969.

Attorney(s) appearing for the Case

Raphael, Searles & Vischi, New York City, for plaintiff; Oswald Vischi, Edmund D'Elia, Mark A. Lowe, New York City, of counsel.

John M. Keegan, New York City, for Consolidated Edison Co. of New York, Inc.; Ernest J. Williams, New York City, of counsel.

J. Robert Morris, New York City, for J. Livingston & Co.; Herman McCarthy, New York City, of counsel.

Hanlon & Dawe, New York City, by Alexander, Ash & Schwartz, New York City, for Eberhart Construction Co., Inc.; Joseph A. Cohen, Arnold I. Silberstein, New York City, of counsel.

OPINION

BONSAL, District Judge.

This diversity personal injury action was tried by the court without a jury. Plaintiff Walter Humphries, an employee of third-party defendant J. Livingston & Company (Livingston), an electrical contractor, sued defendant Consolidated Edison Company of New York, Inc. (Con Ed) for damages for personal injuries allegedly sustained on April 9, 1965 at Con Ed's plant at East 40th Street and First Avenue, New York City, when...

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