Legal Opinion

Southwestern Telegraph & Telephone Co. v. Bruce

Supreme Court of Arkansas

Decided March 15, 1909PublishedCited by 30 opinions

Appeal from Sebastian Circuit Court; Dcmiel Hon, Judge; statement by the court. - This was a suit instituted by the appellee, who was plaintiff below, against appellant, in which he alleged that the defendant had negligently erected and strung its telephone wires across a street and -over certain vacant lots in the city of Fort Smith in such a manner as to endanger persons thereon; that the wires had become detached from their fastenings by reason of having been negligently…

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Appeal from Sebastian Circuit Court; Dcmiel Hon, Judge; statement by the court. - This was a suit instituted by the appellee, who was plaintiff below, against appellant, in which he alleged that the defendant had negligently erected and strung its telephone wires across a street and -over certain vacant lots in the city of Fort Smith in such a manner as to endanger persons thereon; that the wires had become detached from their fastenings by reason of having been negligently strung and maintained, and that the plaintiff -had come in contact therewith; that the telephone wire had come in…

1Opinion of the Court

FrauEnthae, J.,

(after stating the facts). The liability of the defendant in this -case -depends upon the duty which it owed to the plaintiff under the circumstances of this case and the manner in which it performed that duty. The defendant -owned and controlled -a telephone system in the city of Fort Smith. It had strung its telephone wires from a pole on North 16th Street to a house on North F Street for a distance of from 300 to 330 feet, making one span unsupported between these points. The telephone wires extended above the electric wires of a street car -company which were heavily…

2Cases cited13 opinions

  1. Western Union Telegraph Co. v. State ex rel. NelsonCourt of Appeals of Maryland · 1896
  2. City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
  3. Guinn v. Delaware & Atlantic Telephone Co.Supreme Court of New Jersey · 1905
  4. St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
  5. Jacks v. ReevesSupreme Court of Arkansas · 1906

8 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Delta Oxygen Co. v. ScottSupreme Court of Arkansas · 1964
  2. Dollins v. Hartford Accident & Indemnity Co.Supreme Court of Arkansas · 1972
  3. Chiles v. Fort Smith Commission Co.Supreme Court of Arkansas · 1919
  4. Drury v. Armour & Co.Supreme Court of Arkansas · 1919
  5. Herndon v. GregorySupreme Court of Arkansas · 1935

25 more not listed; retrieve them via the Exa API.

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