Western Union Telegraph Co. v. Jones
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. Robert C. Brickell. Action by Geraldine Jones, as administratrix, etc., against the Western Union Telegraph Company. From judgment for plaintiff, defendant appeals.
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Appeal from Madison Circuit Court. Heard before Hon. Robert C. Brickell. Action by Geraldine Jones, as administratrix, etc., against the Western Union Telegraph Company. From judgment for plaintiff, defendant appeals. This was an action for death of plaintiff’s intestate from contact with a light and power company’s wire; the negligence charged to defendant telegraph company by the second count of the complaint being that it knowingly maintained a pole in such proximity to the wire that the wire could come in contact with the pole by mere vibration, causing the wire to break and fall into the…
1Opinion of the CourtThomas, J.
This is the second appeal in this case. In the •opinion on the first appeal (Western Union Telegraph Co. v. *209Jones, 190 Ala. 70, 77, 66 South. 691, 694), this court said: “There was evidence tending to show that the dangerous wire was in contact with one of the defendant’s poles, and that, if the pole was very wet, it might, by this contact, fuse the wire and cause the injury complained of. So there was some evidence to support the second count, and the court properly refused the defendant’s requested affirmative instruction as to this count.”
Did the lower court err in refusing to give the…
2Cases cited8 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Miller-Brent Lumber Co. v. DouglasSupreme Court of Alabama · 1910
- Carlisle v. Central of Ga. Ry. Co.Supreme Court of Alabama · 1913
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