Evans v. Eastern Ky. Tel'p. & Tel'g. Co.
Court of Appeals of Kentucky
CASE 80. — ACTION BY. LEWIS EVANS AGAINST THE EASTERN KENTUCKY TELEPHONE & TELEGRAPH CO.. FOR DAMAGES FOR NEGLIGENTLY BURNING HOUSE. Appeal from Lee Circuit Court. Robert Riddell, Circuit Judge. Judgment for defendant. Plaintiff appeals.
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CASE 80. — ACTION BY. LEWIS EVANS AGAINST THE EASTERN KENTUCKY TELEPHONE & TELEGRAPH CO.. FOR DAMAGES FOR NEGLIGENTLY BURNING HOUSE. Appeal from Lee Circuit Court. Robert Riddell, Circuit Judge. Judgment for defendant. Plaintiff appeals. Errors of law complained of. 1. Because the court erred in excluding from the jury evidence offered by appellant that tended to show that the lightning followed defendants wire into his house at the place where defendant had taken away the box leaving the wires attached to the house. 2. 'Because the court instructed the jury to find a verdict for the…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Reversing.
Lewis Evans owns a house and lot in the town of Proctor, Lee county, Ky. In August, 1902, he made a contract with the Eastern Kentucky Telephone & Telegraph Company by which it placed a telephone box in his house connected by wire to the defendant’s exchange, and he agreed to pay it the sum of $1 a month for a period of 12 months for the use of the telephone. At the end of the year he notified the telephone company to remove the telephone box and wires from his house. It took out the telephone box, but failed to remove the wires, simply cutting…
2Cited by7 opinions
- Dunning v. Kentucky Utilities Co.Court of Appeals of Kentucky (pre-1976) · 1937
- Warren v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1917
- Kentucky & West Virginia Power Co. v. Riley's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Chesapeake & Potomac Telephone Co. v. NobletteCourt of Appeals of Maryland · 1938
- Clark's Adm'r v. Kentucky Utilities Co.Court of Appeals of Kentucky (pre-1976) · 1941
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