Raines v. East Tennessee Telephone Co.

Extended Opinion of the Court by

Chief Justice Hobson.

Under -the- evidence- -as now presented the court will instruct the jury that if -the four feet space -outside of Sarah. E. -Smith’s- fence- -had been 1-eft outside -of her -enclosure for a sidewalk, and was in fact so used as a public -sidewalk, that it was by such use practically a part o-f the avenue, then it was incumbent on th-e defendant in placing its guy wire to use -ordinary care that -the way should he r-easonaibly .safe for'the- public use, and if it failed -to use such care, and by reason thereof the plaintiff was injured, they…