Western Union Telegraph Co. v. Holtby

Opinion of the Court by

John D. Carroll, Commissioner

Reversing.

The appellee was engaged as a lineman and at the time of the accident complained of was engaged in transferring wires from old and defective poles to new ones. While thus employed an old pole that he had climbed in the performance of his duty for the purpose of unfastening the wires and handing them to a man on the new pole, broke off at the ground and caused the appellee to fall and seriously injure him. From a judgment in his favor, appellant prosecutes this appeal, and urges that several errors prejudicial to its substantial…