Garfield v. Passumpsic Telephone Co.
Supreme Court of Vermont
Case for Negligence. Plea, the general issue. Trial by jury at the June Term, 1914, Caledonia County, Butter, J., presiding. Verdict for plaintiff. Defendant excepted. The opinion states the case.
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Case for Negligence. Plea, the general issue. Trial by jury at the June Term, 1914, Caledonia County, Butter, J., presiding. Verdict for plaintiff. Defendant excepted. The opinion states the case. The nature of the work upon which the plaintiff was engaged, being the making of repairs, was such that the safe place doctrine does not apply. 26 Oye. 1148; Sias v. Consolidated Lighting Co., 73 Vt. 35; McGarty v. Southern New Englcmd Telephone Co., 60 Conn. 635, 38 Atl. 359; Cumberland Tel. <& Tel. v. Loomis, 11 S. W. 356 (T'enn.); Dunbar v. Hollingworth & Whitney Co., 109 Me. 461, 84 Atl. 992;…
1Opinion of the CourtMunson, C. J.
The plaintiff was injured by the falling of *320a telephone pole on which he was working. The defendant was not the constructor of the line, but had owned and operated it over a year. The defect complained of was in the setting of the pole. The defendant moved for a directed verdict on grounds which raise the question whether the duty of inspecting the pole rested on the plaintiff or on the defendant.
It is the duty of the master to provide the servant with a reasonably safe place in which to work. But the rule has its exceptions. It is not applicable to places prepared by the servant as a means…
2Cases cited18 opinions
- Sias v. Consolidated Lighting Co.Supreme Court of Vermont · 1901
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Atlantic & Birmingham Railroad v. ReynoldsSupreme Court of Georgia · 1903
- Drown v. New England Telephone & Telegraph Co.Supreme Court of Vermont · 1907
- Miner v. Franklin County Telephone Co.Supreme Court of Vermont · 1910
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3Cited by4 opinions
- Healy, Admr. v. MooreSupreme Court of Vermont · 1936
- Landing v. Town of FairleeSupreme Court of Vermont · 1941
- Farmers' Exchange v. BrownSupreme Court of Vermont · 1934
- Stone v. HoweSupreme Court of New Hampshire · 1943