Pacific Telephone & Telegraph Co. v. Parmenter
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Western District of Washington. This was an action at law brought by the defendant in error against the plaintiff in error to recover damages for injuries sustained by him by reason, of the alleged negligence of the plaintiff in error.
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In Error to the Circuit Court of the United States for the Western Division of the Western District of Washington. This was an action at law brought by the defendant in error against the plaintiff in error to recover damages for injuries sustained by him by reason, of the alleged negligence of the plaintiff in error. The complaint alleged that defendant was a corporation organized and existing under the laws of the state of Oregon, and that it had complied with the laws of the state of Washington; that it was engaged in the business of receiving and transmitting messages by telephone and…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). It was the duty of the defendant to exercise due care in maintaining its poles, wires, and appurtenances in a reasonably safe condition, having regard to the fact that the poles were placed along the country road where the public was accustomed to travel. Jones on Telegraph and Telephone Companies, § 190.
There, was evidence that some of the poles of the size of the one in question, in the ground in which it was placed, would rot off in 5 or 6 years. The pole that fell had been in the ground 15 years. It was ascertained after the accident that it was rotten…
2Cases cited15 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Louisville, New Albany & Chicago Railway Co. v. LucasIndiana Supreme Court · 1889
- Gulf, Colorado & Santa Fe Railway Co. v. McWhirterTexas Supreme Court · 1890
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3Cited by2 opinions
- Jaquith v. WordenWashington Supreme Court · 1913
- Brown v. Kansas Natural Gas Co.Court of Appeals for the Eighth Circuit · 1924