Lockwood v. Niagara Mohawk Power Corp

In Lockwood v. Niagara Mohawk Power Corp., 112 A.D.2d 495 (3d Dept 1985) the Third Department reviewed three cases that commenced in the Small Claims Part of Cortland City Court. Plaintiffs were seeking compensation for damages that occurred to their refrigerator motors when a storm damaged power lines. Plaintiffs prevailed in Cortland City Court and were affirmed by Cortland County Court. The Third Department reversed and dismissed plaintiffs' complaints, basing its decision upon the language in Niagara Mohawk's tariff (identical to Con Edison's tariff). The Court, at 496, held: we are constrained to conclude that none of the plaintiffs proved that the power failure was proximately caused by any conduct of defendant (see Food Pageant v. Consolidated Edison Co., 54 N.Y.2d 167). Finally, plaintiffs' contention that defendant was grossly negligent in deciding not to turn off power completely and leaving it at a low-voltage condition is not supported by any competent evidence in the record.