Appellate Division of the Supreme Court of the State of New York January 24, 1908 (Dutcher v. Rockland Electric Co.)

Miller, J. (dissenting):

This case must be decided without reference to the rules applicable to the relation of master and servant. It may be assumed that the defendant was negligent for maintaining its electric wires in the condition disclosed by the evidence. I pass by the question whether it is shown that such negligence caused the plaintiffs injuries, i. e.