Legal Opinion

Unglaub v. Farmers' Mutual Telephone Co.

South Dakota Supreme Court

Decided August 30, 1917No. File No. 4228PublishedCited by 1 opinion

Appeal from Circuit Court, Gregory County. Hon. William Williamson, Judge. Action by George Unglaub, against the Farmers’ Mutual Telephone Company, a corporation, to recover damages for injury to plaintiff by a telephone guy wire. From a judgment for defendant, and from an order sustaining defendant’s motion for a directed verdict, plaintiff appeals. (2) To point two of the opinion, Appellant cited; Spear-backer v. Town of Larraibee, 25 N. W. 555; Bowman.v.

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Appeal from Circuit Court, Gregory County. Hon. William Williamson, Judge. Action by George Unglaub, against the Farmers’ Mutual Telephone Company, a corporation, to recover damages for injury to plaintiff by a telephone guy wire. From a judgment for defendant, and from an order sustaining defendant’s motion for a directed verdict, plaintiff appeals. (2) To point two of the opinion, Appellant cited; Spear-backer v. Town of Larraibee, 25 N. W. 555; Bowman.v. Ogden City, 93 Pac. 561. Respondent cited: City of Mitchell v. Dakota C. Tel. 'Co., 127 N. W. 584. (3) To point three of the opinion,…

1Opinion of the Court

■SMITH, J.

Plaintiff, who is appellant, was assisting one Lafay in driving cattle to market along a public highway running south from Lafay’s farm. At the same time Lafay was starting to market a number of wagon loads of hogs. All seem to have started about the same time, near 4 o’clock on the' morning of May 3d. The defendant, a corporation, had constructed a telephone line on the west side of the highway; the poles standing against the' fence, running south from Lafay’s place, to a point where the telephone line left the highway and proceeded in ■ a southwesterly direction. At the point…

2Cases cited7 opinions

  1. Louisville Home Telephone Co. v. GasperCourt of Appeals of Kentucky · 1906
  2. Howard v. Flathead Independent Tel. Co.Montana Supreme Court · 1914
  3. City of Mitchell v. Dakota Central Telephone Co.South Dakota Supreme Court · 1910
  4. Sheldon v. Western Union Telegraph Co.New York Supreme Court · 1889
  5. Davidson v. Utah Independent Telephone Co.Utah Supreme Court · 1908

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3Cited by1 opinion

  1. Athens Electric Light & Power Co. v. TannerCourt of Appeals of Texas · 1920

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