
    Caroline Wilks, as Administratrix of the Estate of Joseph Wilks, Deceased, Respondent, v. Federal Telephone and Telegraph Company, Appellant, Impleaded with Another.
    
      Nuisance •— telephone wires — action to recover for death through coming in contact with telephone wire attached to building in close proximity to high-power wire of another company.
    
    
      Wilks v. Federal Tel. & Tel. Co., 222 App. Div. 791, affirmed.
    (Argued June 6, 1928;
    decided June 21, 1928.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 7, 1928, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiffs’ intestate alleged to have been occasioned through his coming in contact with a fallen telephone wire erected across his premises by defendant-appellant, and attached to a “ horse ” upon another building in such close proximity to high-power wires as to create a condition of potential danger. (See 243 N. Y. 351.)
    
      Parton Swift for appellant.
    
      La Fay C. Wilkie for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ. Dissenting: Cardozo, Ch. J.  