New York Supreme Court November 15, 1900 (Leeds v. New York Telephone Co.)

Gaynor, J.:

The complaint alleges that the defendant constructed, owned and used a telephone wire across the street “ above the surface thereof ”, and that the wire was passed around an “ old brick chimney ” above the roof of a house on one side of the street; about 40 feet from the ground. An “ old brick chimney ” may be as good as a new one; so that designation is not a charge of negligence.