Wolter v. Armstrong Telephone Exchange Co.

Taylor, C.

Action for personal injuries in which plaintiff had a verdict and defendant appeals from an order denying its motion for judgment notwithstanding the verdict or for a new trial.

Defendant owns and operates a telephone line extending along a public highway in Martin county. At the place of the accident, a telephone wire was strung obliquely across the road from a pole on one side to a pole about 120 feet distant on the other side. There was evidence that this wire had been slack and sagging for some months, but not so as to interfere with travel. As plaintiff was *493driving along the…