NEW YORK STATE ELECTRIC GAS v. J.C.A. TRUCK

Order reversed and new trial granted, with costs to abide the event in a memorandum. ( Stevens v. Hulse, 263 N.Y. 421; Cohen and Karger, Powers of New York Court of Appeals, § 174, p. 661; Pfaffenbach v. White Plains Express Corp., 17 N.Y.2d 132.) The proper measure of damages for destruction of a utility pole is replacement cost less depreciation and salvage plus extraordinary expenses ( New York State Elec. Gas Corp. v. Fischer, 24 A.D.2d 683, mot. for lv. to app. den. 17 N.Y.2d 417). The trial court improperly charged that the jury could determine whether depreciation should be deducted or not. This was error. What is the proper amount of depreciation is a question of fact for the jury.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.