Southwestern Telegraph & Telephone Co. v. Bruce
Supreme Court of Arkansas
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
- Western Union Telegraph Co. v. State ex rel. NelsonCourt of Appeals of Maryland · 1896
- City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
- Guinn v. Delaware & Atlantic Telephone Co.Supreme Court of New Jersey · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Jacks v. ReevesSupreme Court of Arkansas · 1906
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3Cited by30 opinions
- Delta Oxygen Co. v. ScottSupreme Court of Arkansas · 1964
- Dollins v. Hartford Accident & Indemnity Co.Supreme Court of Arkansas · 1972
- Chiles v. Fort Smith Commission Co.Supreme Court of Arkansas · 1919
- Drury v. Armour & Co.Supreme Court of Arkansas · 1919
- Herndon v. GregorySupreme Court of Arkansas · 1935
25 more not listed; retrieve them via the Exa API.