Cumberland Tel'p & Tel'g Co. v. Overfield
Court of Appeals of Kentucky
CASE 56 — PERSONAL, INJURY ACTION BY MRS, FRANK OVERFIELD AGAINST THE CUMBERLAND TELEPHONE & TELEGRAPH COMPANY. Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS AND AUTHORITIES. 1. Plaintiff having the burden, her testimony should have been first presented to the jury, and not after eight or ten of her other witnesses had- testified in chief.
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CASE 56 — PERSONAL, INJURY ACTION BY MRS, FRANK OVERFIELD AGAINST THE CUMBERLAND TELEPHONE & TELEGRAPH COMPANY. Appeal from Henderson Circuit Court. J. W. Henson, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS AND AUTHORITIES. 1. Plaintiff having the burden, her testimony should have been first presented to the jury, and not after eight or ten of her other witnesses had- testified in chief. (Civil Code, section 606, sub-section 3; Am., etc., Co. v. Bayless, 91 Ky., 103; Barkley v. Bradford, .etc., 100 Ky., 306; L. & N. v. Lucas’ Admr., 98 S. W. 308, 30 Ky. Law Rep. 359.) 2.…
1Opinion of the Court
Opinion of the Court by
Wm. Rogers Clay, Com- missioner
Affirming.
Appellant, Cumberland Telephone & Telegraph Company, owned and operated a telephone line along the Dixon and Henderson road, in Henderson county, Ky. The wire at the place of the accident which will be hereinafter described was attached to the limb of a tree on one side of the road, and to a fence post on the other, and hung so low as not to permit a buggy with a top to pass under it. This condition of the wire was known to appellant for some time prior to the accident to appellee. On December 7, 1905, appellee was driving a…
2Cases cited8 opinions
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1889
- Fisher v. JansenIllinois Supreme Court · 1889
- Macon v. Paducah St. Ry. Co.Court of Appeals of Kentucky · 1901
- South Covington & Cincinnati Street Railway Co. v. WareCourt of Appeals of Kentucky · 1886
- Nash v. HoxieWisconsin Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Blue Grass Traction Co. v. InglesCourt of Appeals of Kentucky · 1910
- Moore v. HartCourt of Appeals of Kentucky · 1916
- Missouri, O. & G. Ry. Co. v. CollinsSupreme Court of Oklahoma · 1915
- Shields v. BoolesCourt of Appeals of Kentucky (pre-1976) · 1931
- Gretton v. DuncanCourt of Appeals of Kentucky (pre-1976) · 1931
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