Southern Bell Telephone & Telegraph Co. v. Starnes
Supreme Court of Georgia
Acbiou for damages. Before Judge Daley. Washington superior court. September 7, 1904. Starnes sued the Telephone Company for damages, alleging,,in substance, as follows: The plaintiff was employed by the defendant ' as a telephone lineman, his duties being to assist in the construction and repairing of lines, erecting poles, stringing wires, etc.
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Acbiou for damages. Before Judge Daley. Washington superior court. September 7, 1904. Starnes sued the Telephone Company for damages, alleging,,in substance, as follows: The plaintiff was employed by the defendant ' as a telephone lineman, his duties being to assist in the construction and repairing of lines, erecting poles, stringing wires, etc. He was ordered^ by the defendant’s manager to replace certain wires upon the cross-arm of one of its telephone poles, which wires had been misplaced by the burning of certain telephone poles at that point. This work being in the regular course of his…
1Opinion of the CourtCobb, J.
It.is to be observed that the petition nowhere alleges that the defendant had actual knowledge of the defective condition of the cross-arm, but alleges simply that by reason of the facts set out it ought to have known of it, and was negligent in not discovering its defective condition. The allegation that the ■defendant knew or ought to have known will be construed most .strongly against the plaintiff, to mean simply that it was the •defendant’s duty to know. Babcock Lumber Co. v. Johnson, 120 Ga. 1030 (6). An averment that the defendant had been notified of the defective condition of the…
2Cases cited2 opinions
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Baxley v. Satilla Manufacturing Co.Supreme Court of Georgia · 1902
3Cited by7 opinions
- Pacetti v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1909
- Koch Co. v. AdairCourt of Appeals of Georgia · 1934
- Howerdd v. WhitakerCourt of Appeals of Georgia · 1953
- Southern Bell Telephone & Telegraph Co. v. CovingtonSupreme Court of Georgia · 1913
- Consolidated Gas Electric Light & Power Co. & Baltimore Electric Co. v. ChambersCourt of Appeals of Maryland · 1910
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