Goblet v. New York Power Light Corporation

Full title: WILLIAM GOBLET, Appellant, v. NEW YORK POWER LIGHT CORPORATION, Respondent

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: May 12, 1944

267 App. Div. 1030 (N.Y. App. Div. 1944)

Opinion

May 12, 1944.

Appeal from County Court of Schoharie County, Wharton, J.

If plaintiff was indebted to defendant for the electric service sued for upon the latter's counterclaim, no trespass was committed by defendant's acts in discontinuing such service at plaintiff's residence. Whether plaintiff was so indebted became a question of fact under the conflicting evidence presented at the trial. We think there was sufficient evidence to support the findings implicit in the jury's verdict. Judgment affirmed, without costs. Hill, P.J., Heffernan, Schenck and Brewster, JJ., concur; Bliss, J., taking no part.