Southern Bell Telephone & Telegraph Co. v. Howell
Supreme Court of Georgia
Action for damages. Before Judge Hamilton. City court of Floyd county. March 8, 1905. Mot Howell, by his next friend, brought an action for damages • against the Southern Bell Telephone and Telegraph Company, alleging in substance as follows: The agents and employees of the defendant were engaged in stretching wires on the arms at the. top of certain poles situated on a public street of the city of Borne, There was a windlass under the charge of one of the defendant’s…
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Action for damages. Before Judge Hamilton. City court of Floyd county. March 8, 1905. Mot Howell, by his next friend, brought an action for damages • against the Southern Bell Telephone and Telegraph Company, alleging in substance as follows: The agents and employees of the defendant were engaged in stretching wires on the arms at the. top of certain poles situated on a public street of the city of Borne, There was a windlass under the charge of one of the defendant’s servants, from which a wire was run to the cross-arm of a pole. The wire sagged from the pole to the windlass. The plaintiff…
1Opinion of the CourtLuMPKiN, J.
(After stating the facts.) 1. There was no special demurrer -for want of sufficient fullness in any particular allegation; but the demurrer filed was general in its nature. As against such a demurrer the petition stated a good cause of action. An allegation that a telephone company, while engaged in stretching wires along .a public street of a city, permitted one of them to sag while charged with electricity, or to become heavily charged with electricity while thus sagging, at a place where it was likely, to .injure pedestrians, and gave no warning of the danger arising from such charge,…
2Cases cited15 opinions
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- City Council v. TharpeSupreme Court of Georgia · 1901
- City of Columbus v. GriggsSupreme Court of Georgia · 1901
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Eubanks v. MullisCourt of Appeals of Georgia · 1935
- Clinton v. Gunn-Willis Lumber Co.Court of Appeals of Georgia · 1948
- Eining v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1909
- Mason v. FrankelCourt of Appeals of Georgia · 1934
- City of Rome v. PhillipsCourt of Appeals of Georgia · 1927
14 more not listed; retrieve them via the Exa API.