Hill v. Chesapeake & Potomac Telephone Co.
District of Columbia Court of Appeals
Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District.of Columbia sustaining a demurrer to the declaration in an action to recover damages for personal injuries, and, plaintiff electing not to amend, dismissing the action.
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Hearing on an appeal by the plaintiff from a judgment of the Supreme Court of the District.of Columbia sustaining a demurrer to the declaration in an action to recover damages for personal injuries, and, plaintiff electing not to amend, dismissing the action. The Court in the opinion stated the facts as follows: This is an action of damages by plaintiff, Thomas D. Hill, appellant, against C. J. Conlon and the Chesapeake & Potomac Telephone Company for injuries received through the negligent opening of a trapdoor in the floor or premises of Conlon, while plaintiff was on his way to use the…
1Opinion of the CourtChief Justice Shepakd
It may be assumed, as necessarily inferred from the allegations of the declaration, that Conlon was the owner or lessee of the premises, but not lessee of the telephone apparatus, which belonged to, and had been installed by, the telephone company for public use. The telephone company collected its charges from users by means of the slot machine. There was an implied invitation to the public to enter Conlon’s premises and use the telephone. Under these circumstances, Was it the duty of the telephone company to provide, or see to it that there was maintained, a safe passage to and from the…
2Cases cited2 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Sullivan v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1913
3Cited by2 opinions
- Green v. Southern Bell Telephone & Telegraph Co.Louisiana Court of Appeal · 1968
- Schramm v. Arsenal Esso StationNew Jersey Superior Court Appellate Division · 1973