Bevis v. Vanceburg Telephone Co.
Court of Appeals of Kentucky
CASE 22. — ACTION BY FAN'NY BEVIS AGAINST THE VANCE-BURG TELEPHONE COMPANY AND ANOTHER TO RECOVER DAMAGES' FOR PERSONAL INJURIES. Appeal from Lewis Circuit Court. James P. Harbeson, Circuit Judge. Judgment for defendants. Plaintiff appeals. POINTS AND AUTHORITIES. 1. A passenger in a vehicle is not responsible for the contributory negligence of the driver. (Duvall v. C., C., L. R. R. Co., 134 N. C., 331, 101 Am.
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CASE 22. — ACTION BY FAN'NY BEVIS AGAINST THE VANCE-BURG TELEPHONE COMPANY AND ANOTHER TO RECOVER DAMAGES' FOR PERSONAL INJURIES. Appeal from Lewis Circuit Court. James P. Harbeson, Circuit Judge. Judgment for defendants. Plaintiff appeals. POINTS AND AUTHORITIES. 1. A passenger in a vehicle is not responsible for the contributory negligence of the driver. (Duvall v. C., C., L. R. R. Co., 134 N. C., 331, 101 Am. St. Rep., 830.) 2. A telephone pole in the edge of the traveled part of a highway is an obstruction, and the question of negligence in placing it there is for the jury. (Sec. 4679,…
1Opinion of the Court
Opinion by
Judge Settle
Reversing.
As appellant, Fanny Bevis, in company with Miss Warring, was driving along the public highway in the buggy of the latter from Union Church to the village of Garrison, in Lewis county, the buggy was overturned by coming in collision with a telephone pole; the occupants thrown out, and appellant seriously injured.' She brought suit in the circuit court against appellees, the Yanceburg Telephone Company and B. A. Bonniville, to recover of them damages for the injuries thus sustained by her, upon the ground, as set forth in her petition, that the telephone pole,…
2Cases cited3 opinions
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Cumberland Telephone & Telegraph Co. v. AvrittCourt of Appeals of Kentucky · 1905
- Wyant v. Central Telephone Co.Michigan Supreme Court · 1900
3Cited by11 opinions
- Beard v. KlusmeierCourt of Appeals of Kentucky · 1914
- Barksdale's Administrator v. Southern Railway Co.Court of Appeals of Kentucky · 1923
- Hardware Mutual Casualty Co. v. Union Transfer & Storage Co.Court of Appeals of Kentucky · 1924
- Christian-Todd Telephone Co. v. CommonwealthCourt of Appeals of Kentucky · 1913
- Fiechter v. City of CorbinCourt of Appeals of Kentucky (pre-1976) · 1934
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