Decatur Light, P. & F. Co. v. Newsom
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thowas W. Wert. Action by C. JB. Newsom, as administrator, against tbe Decatur Light, Power & Fuel Company. From a judgment for plaintiff, defendant appeals. The theory of both plaintiff and defendant sufficiently appears from the opinion.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thowas W. Wert. Action by C. JB. Newsom, as administrator, against tbe Decatur Light, Power & Fuel Company. From a judgment for plaintiff, defendant appeals. The theory of both plaintiff and defendant sufficiently appears from the opinion. The following charges were requested by and refused to appellant: (29) “If there is one individual juror who is reasonably satisfied from the evidence that the injuries to plaintiff’s intestate was a proximate result of her taking hold of the suspended wire, and said wire was, at the time of the…
1Opinion of the CourtSomerville, J.
Plaintiff’s intestate, a girl 18 years of age, was killed by contact with a telephone wire charged with electricity. The wire had been disconnected at the service end, which end was firmly attached to a telephone post. During a severe wind and rain storm, this dead end became detached, and the wire fell across the service wires of the defendant company, which it crossed several feet above at right angles, and the loose end dangled down across the gateway entering the premises of intestate’s home. This occurred about 10 o’clock p. m. About 7:15 o’clock next *132morning, the intestate had occasion…
2Cases cited3 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Caldwell v. Branch of the Bank of AlabamaSupreme Court of Alabama · 1847
- Lewis Lumber Co. v. CamodySupreme Court of Alabama · 1902
3Cited by19 opinions
- Central Alabama Elec. Co-Op. v. TapleySupreme Court of Alabama · 1989
- Gossett v. Twin County Cable TV, Inc.Supreme Court of Alabama · 1992
- Yamaha Motor Co., Ltd. v. ThorntonSupreme Court of Alabama · 1991
- Pennsylvania Fire Ins. v. DraperSupreme Court of Alabama · 1914
- Hicks v. Commercial Union Ins. Co.Supreme Court of Alabama · 1994
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