Bergin v. Southern New England Telephone Co.
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in New Haven County and heard in damages to the court, Shumway, J.; facts found and judgment rendered for nominal damages only, and appeal by the plaintiff for alleged errors in the rulings of the court.
Read the full summary
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate, brought to the Superior Court in New Haven County and heard in damages to the court, Shumway, J.; facts found and judgment rendered for nominal damages only, and appeal by the plaintiff for alleged errors in the rulings of the court. The complaint alleged that the defendants were, without authority, operating their system jointly; that defendants were negligent in using the defective circuit-breaker described below, and in permitting the deceased to work at the place in question when they…
1Opinion of the CourtHall, J.
It was not unlawful for both defendants to use the same poles. Such joint use was with the consent of both companies, and at the request of the municipal authorities. It has not been shown to be necessarily attended with increased danger. By reducing the number of poles the highway is used with greater convenience. Full control of the location of such wires and structures is given to the local authorities by § 3946 of the General Statutes and § 3 of Chap. 169 of the Public Acts of 1893.
The court has found that the defendant telephone company was not negligent. This is a question of fact which…
2Cases cited4 opinions
- McGorty v. Southern New England Telephone Co.Supreme Court of Connecticut · 1897
- McAdam v. Central Railway & Electric Co.Supreme Court of Connecticut · 1896
- Peltier v. Bradley, Dann & Carrington Co.Supreme Court of Connecticut · 1895
- Taylor v. MooreSupreme Court of Connecticut · 1879
3Cited by8 opinions
- Anderson v. Inland Telephone & Telegraph Co.Washington Supreme Court · 1898
- Gentzkow v. Portland Railway Co.Oregon Supreme Court · 1909
- Roberts v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1902
- Sreet Railroad & Tel. Companies v. SimmonsTennessee Supreme Court · 1901
- Gilmore v. American Tube & Stamping Co.Supreme Court of Connecticut · 1907
3 more not listed; retrieve them via the Exa API.