Wallace v. Electric Power Board

Plaintiff in error, Alfred E. Wallace, sued the Electric Power Board of the City of Chattanooga, Southern Bell Telephone and Telegraph C'o., Inc., and Mr. and Mrs. R. L. Mongar for personal injuries sustained as the result of being struck by a falling telephone pole at about 11:00 p. m. on January 10, 1952. At the conclusion of his proof in chief, plaintiff took a voluntary nonsuit as to Mr. and Mrs. Mongar and, at the same time, the court sustained motions for a directed verdict in behalf of the Power Board and the Telephone Company. The present appeal resulted.

The facts are peculiar and…