New York Court of Appeals April 22, 1970 (Hayes v. Malkan)

lead-opinion

Jasen, J.

Plaintiff, one of three passengers in an automobile owned and operated by defendant Malkan, was injured when the vehicle struck a utility pole owned by defendant Consolidated Edison Company. The pole which Malkan’s car struck was approximately seven inches from the edge of the road and was located on private property behind a two-inch *298granite header.