Legal Opinion

Tracy v. Western Union Tel. Co.

U.S. Circuit Court for the District of Western Pennsylvania

Decided July 9, 1901No. 10PublishedCited by 4 opinions

Sur Motion by Defendant for a New Trial.

1Opinion of the Court

ACHESON, Circuit Judge.

The evidence, I think, required the submission of the question of the defendant’s alleged negligence to the jury, and was quite sufficient to sustain the verdict. The plaintiff was a lineman in the employ of the defendant, the Western Union Telegraph Company. The duties of a lineman are to climb telegraph poles, and to string wires on the cross-arms, and remove wires therefrom, and do other work thereon. The defendant had occasion to remove part of a line of its wires from four old poles which had been standing for n or 12 years to four new poles which had just been…

2Cases cited3 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
  3. Kelly v. Erie Telegraph & Telephone Co.Supreme Court of Minnesota · 1885

3Cited by4 opinions

  1. Fritz v. Western Union Telegraph Co.Utah Supreme Court · 1903
  2. Hansen v. Standard Oil Co.Idaho Supreme Court · 1935
  3. Murphy v. Pacific Telephone & Telegraph Co.Washington Supreme Court · 1912
  4. Palmer v. Kinloch Telephone Co.Missouri Court of Appeals · 1901

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