Kyes v. Valley Telephone Co.
Michigan Supreme Court
Error to Saginaw; Snow, J. Case by Nora Isabella Kyes, administratrix of the estate of Roderick Kyes, deceased, against the Valley Telephone Company, for alleged negligent injuries to her intestate. From a judgment for plaintiff, defendant brings error. The deceased, Roderick Kyes, was a general foreman on the work of paving Saginaw street, in the city of Flint. The defendant had been notified to remove its telephone poles from the street, and was engaged at that work.
Read the full summary
Error to Saginaw; Snow, J. Case by Nora Isabella Kyes, administratrix of the estate of Roderick Kyes, deceased, against the Valley Telephone Company, for alleged negligent injuries to her intestate. From a judgment for plaintiff, defendant brings error. The deceased, Roderick Kyes, was a general foreman on the work of paving Saginaw street, in the city of Flint. The defendant had been notified to remove its telephone poles from the street, and was engaged at that work. The wires had been removed. The guy wire was cut from the pole, which fell, and struck and injured the decedent. He was at…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. The defend*283ant does not contend that there was no evidence o£ negligence on the part of the defendant, but upon the trial insisted and requested the court to instruct the jury that the deceased was guilty of contributory negligence. It is insisted that he continued to work in this dangerous position with full knowledge that the pole was liable to fall. We cannot concur in this view. It is unnecessary to state the testimony in deta'il. He was not warned by the defendant that there was any danger. The fact that he knew that the telephone wires were being cut and…
2Cases cited6 opinions
- Menard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- Dolson v. Lake Shore & Michigan Southern Railway Co.Michigan Supreme Court · 1901
- Maher v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
- Horn v. BaltimoreCourt of Appeals for the Sixth Circuit · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thompson Towing & Wrecking Ass'n v. McGregorCourt of Appeals for the Sixth Circuit · 1913
- Olivier v. Houghton County Street-Railway Co.Michigan Supreme Court · 1903
- Beeler v. Butte & London Copper Development Co.Montana Supreme Court · 1910
- Olivier v. Houghton County Street-Railway Co.Michigan Supreme Court · 1904
- Murray v. Omaha Transfer Co.Nebraska Supreme Court · 1914
7 more not listed; retrieve them via the Exa API.