Ela v. Postal Telegraph Cable Co.
Supreme Court of New Hampshire
Case, for negligence. Trial by jury. Transferred from the January term, 1900, of the supreme court by Peaslee, J. The defendants maintained a line of telegraph poles carrying four wires, along a highway in Hooksett running through a large tract of woodland. The growth on each side extended to the wrought portion of the highway and was of sufficient size to bo cut into logs and cord wood.
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Case, for negligence. Trial by jury. Transferred from the January term, 1900, of the supreme court by Peaslee, J. The defendants maintained a line of telegraph poles carrying four wires, along a highway in Hooksett running through a large tract of woodland. The growth on each side extended to the wrought portion of the highway and was of sufficient size to bo cut into logs and cord wood. At the place where the plaintiff was injured there was a curve in the highway, and the poles were set on the easterly side of the highway, along the outside of the curve. Two of the wires were strung on the…
1Opinion of the CourtChase, J.
The evidence tended to prove that the defendants were guilty of negligence in stringing wires on the inside of poles placed on the outside of the curve in the highway at the place of the accident, and in using improper brackets to support the wires and not providing guards to catch them if detached. In consequence of this faulty construction, the wires, if for any cause detached, would naturally fall into the highway and endanger the safety of travelers therein. The negligence would not end with the construction of the line, but would continue so long as the wires were allowed to remain…
2Cases cited5 opinions
- Deschenes v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1897
- McGill v. Maine & New Hampshire Granite Co.Supreme Court of New Hampshire · 1899
- Boothby v. Grand Trunk RailwaySupreme Court of New Hampshire · 1890
- Searle v. ParkeSupreme Court of New Hampshire · 1895
- Gilman v. NoyesSupreme Court of New Hampshire · 1876
3Cited by18 opinions
- Marshall v. NugentCourt of Appeals for the First Circuit · 1955
- Derosier v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1925
- Christopher v. GruebyCourt of Appeals for the First Circuit · 1930
- Prichard v. BoscawenSupreme Court of New Hampshire · 1916
- Hamel v. Newmarket Manufacturing Co.Supreme Court of New Hampshire · 1905
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