General Telephone Co. v. Rutland

Deen, Judge.

The plaintiff was injured while returning from a house to his automobile which was in front of the house on the south side of a street, when a telephone wire lying in the driveway and which was being strung by the defendant from a pole on the north side of the street to a house in the rear, and which line either lay in the street proper or sagged near its surface, was caught in the bumper of a passing automobile and whipped against the plaintiff’s legs, causing him to fall. The defendant appeals from the denial of its motion for summary judgment on the grounds that (1) any…