Southern Bell Telephone & Telegraph Co. v. McTyer
Supreme Court of Alabama
Apbual from the. Circuit Court of Barbour. Tried before the 1-Ton. A. A. Evans. This action ivas brought by the appellee, 'Miss Lizzie ■McTyer, against the appellant, the: Southern Bell Telephone & Telegraph Company, to. recover $2,000 damages for being struck by lightning alleged to have been caused by tlve acts of defendant in the maintenance of its telephone wires. • The complaint contained' six counts. • Demurrers were sustained to the first, second, third and fifth…
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Apbual from the. Circuit Court of Barbour. Tried before the 1-Ton. A. A. Evans. This action ivas brought by the appellee, 'Miss Lizzie ■McTyer, against the appellant, the: Southern Bell Telephone & Telegraph Company, to. recover $2,000 damages for being struck by lightning alleged to have been caused by tlve acts of defendant in the maintenance of its telephone wires. • The complaint contained' six counts. • Demurrers were sustained to the first, second, third and fifth counts. The sixth count was in words and figures as follows: “6. Plaintiff claims of- defendant two thousand dollars for…
1Opinion of the Court
McOLELLAN, (1. J.
These may be said to be familiar facts in physics and, therefore, within the cotaimon knowledge of mankind, and within, the judicial knowledge of courts: That atmospheric electricity, or lightning, is frequently discharged from clouds and passes to the earth; that metal wires strung in the air are good conductors of electricity, much better than the air; that "animal bodies, the bodies of human beings among the ■Test, are also better conductors than the. air or than wood; that electricity so discharged in, the vicinity of such wires is liable and apt to pass into them and…
2Cases cited1 opinion
- Kirkland v. TrottSupreme Court of Alabama · 1883
3Cited by17 opinions
- Birmingham Railway, Light & Power Co. v. MurphyAlabama Court of Appeals · 1911
- Alabama Power Co. v. BryantSupreme Court of Alabama · 1933
- Home Telephone Co. v. FieldsSupreme Court of Alabama · 1907
- Hellweg v. Chesapeake & Potomac Telephone Co.Court of Appeals for the D.C. Circuit · 1940
- Alabama Power Co. v. CurrySupreme Court of Alabama · 1934
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