Britton v. Central Union Telephone Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Southern District of Ohio.
1Opinion of the Court
BURTON, Circuit Judge.
Plaintiff, a lineman in the service of the defendant telephone company, was injured by the breaking of a decayed telephone pole which he had climbed in the ordinary course of his duty. He brought this action to recover damages, and upon the conclusion of his evidence the court instructed the jury to return a verdict for the telephone company. This is the only error assigned.
The pole which fell was decayed below the ground, and was apparently sound above the ground. Before climbing, plaintiff tested its strength by shaking, and then climbed up some five or six feet and…
2Cases cited24 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Gibson v. . Erie Railway Co.New York Court of Appeals · 1875
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3Cited by12 opinions
- Huber v. Twin City General Electric Co.Michigan Supreme Court · 1912
- Western Union Telegraph Co. v. HickmanCourt of Appeals for the Fourth Circuit · 1918
- Lynch v. Saginaw Valley Traction Co.Michigan Supreme Court · 1908
- Hines v. Martel Telephone Co.Nebraska Supreme Court · 1934
- Jupollo Public Service Co. v. GrantCourt of Appeals for the Fourth Circuit · 1930
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