Legal Opinion

Atlanta Consolidated Street Railway Co. v. Owings

Supreme Court of Georgia

Decided January 20, 1896PublishedCited by 24 opinions

Action for damages. Before Judge Van Epps. City court of Atlanta. January term, 1895. Mrs. Owings sued tbe railway company, alleging that on September 6, 1893, her husband, A. Y. Owings, was an employee of the Southern Bell Telephone and Telegraph Company, a corporation owning and operating a telephone system in and around Atlanta; and it became his duty as such employee to assist in relieving some trouble in a telephone in the house of the Biedmout Club.

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Action for damages. Before Judge Van Epps. City court of Atlanta. January term, 1895. Mrs. Owings sued tbe railway company, alleging that on September 6, 1893, her husband, A. Y. Owings, was an employee of the Southern Bell Telephone and Telegraph Company, a corporation owning and operating a telephone system in and around Atlanta; and it became his duty as such employee to assist in relieving some trouble in a telephone in the house of the Biedmout Club. In the performance of such duty it became necessary for him to ascend a pole of the telephone company, situated within the grounds of the…

1Opinion of the Court

Lumpkin, Justice.

1. This case, in some respects, resembles that of Augusta Railway Co. v. Andrews, 89 Ga. 653, although in one essential feature the two cases are materially different. In the former, it appeared that Andrews, who was injured by an electric current, was, at the time he received the shock, a trespasser upon the fire-alarm system of the city of Augusta, having, without permission, climbed a pole upon which he had no right to go; and it was accordingly held that he took the risk incident to the trespass. In the present case, the deceased husband of the plaintiff, who was killed…

2Cases cited1 opinion

  1. Augusta Railway Co. v. AndrewsSupreme Court of Georgia · 1892

3Cited by24 opinions

  1. Crosby v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1966
  2. Georgia Power Co. v. LeonardSupreme Court of Georgia · 1939
  3. Community Gas Co. v. WilliamsCourt of Appeals of Georgia · 1952
  4. Western Union Telegraph Co. v. HarrisCourt of Appeals of Georgia · 1909
  5. Dow v. Sunset Telephone & Telegraph Co.California Supreme Court · 1910

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