Schwartz v. Columbus Citizens Telephone Co.

This case was brought for personal injury resulting from a fall from the top of a telephone pole upon which-plaintiff had climbed to do some work by direction of the company. The *130pole was decayed or rotten at the ground and the weight of plaintiff caused it to break precipitating him to the ground causing injury. The amount claimed was $10,125, the verdict being for $5,000.

The motion for new trial assigns error in the charge of the 'court, and excessive damages.

The defendant not having complied with the workmen’s compensation act, it was deprived of the common law defenses of assumption of…