Wolfe v. Erie Telegraph & Telephone Co.

Sabin, J.,

(charging jury.') This is an action by plaintiff to recover damages occasioned by the collision of his buggy against defendant’s telephone pole, while driving a usually gentle horse, as alleged, which had become suddenly unmanageable by fright; plaintiff claiming that such pole or post was erected by defendant in violation of the city ordinances, and that the same was a dangerous obstruction to travel in the streets of Galveston as located. It is contended, on the other hand, that defendant had authority from the city to erect said pole or post on Church street, near Tremont, where…