Strack v. Missouri & Kansas Telephone Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court erred in submitting to the jury the issue of actual knowledge by the Telephone Company of the existence of the break in the wire, which issue was wholly unsupported by proof. Wojtylak v. Coal Co., 188 Mo. 260; American Storage Co. v. Railroad,, 120 Mo. App. 410; Chambers v. Railroad, 111 Mo. App. 609; Ward v. Transfer & Storage Co., 119 Mo.
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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court erred in submitting to the jury the issue of actual knowledge by the Telephone Company of the existence of the break in the wire, which issue was wholly unsupported by proof. Wojtylak v. Coal Co., 188 Mo. 260; American Storage Co. v. Railroad,, 120 Mo. App. 410; Chambers v. Railroad, 111 Mo. App. 609; Ward v. Transfer & Storage Co., 119 Mo. App. 83. (2) It appearing in the evidence that the wire was disconnected and therefore carrying no current and that it formed no part of the system of the defendant telephone…
1Opinion of the CourtValliant, J.
Plaintiffs are the father and mother of a five-year-old child that was killed on the 25th day of June, 1904, by coming in contact with a wire highly charged with electricity hanging down from a pole in a public street in Kansas City. This suit is brought under sections 2865 and 2866, Revised Statutes 18991, the petition alleging that the accident occurred because of the negligence of the two defendants.
*607As indicated by their names respectively, one of the defendants is a telephone company, the other a street railroad company, each maintaining wires in the public, streets charged with…
2Cases cited1 opinion
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
3Cited by7 opinions
- Warren v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1917
- Campbell ex rel. Campbell v. United Railways Co.Supreme Court of Missouri · 1912
- W. M. Crysler Co. v. SmithMissouri Court of Appeals · 1964
- Hann v. FitzgeraldSupreme Court of Missouri · 1938
- Freeman v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1912
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