Kelly v. Erie Telegraph & Telephone Co.
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Bamsey county, to recover damages for personal injuries occasioned by the falling of one of defendant’s telegraph poles, the plaintiff being at the time of the injury engaged in the service of the defendant, and at work upon the top of the pole. The action was tried before Brill, J., and a jury, and plaintiff had a verdict for $1,500. Defendant appeals from an order refusing a new trial.
1Opinion of the CourtGtleillan, C. J.
There was abundant evidence in this case to justify the jury in finding that there was negligence on the part of the defendant, and also in finding that there was none on the part of plaintiff.
It was the duty of defendant to use reasonable care and prudence to have the poles up which it required employes to climb, a work of danger, safe. If it set the pole in question, it was its duty to set it deep enough in the ground to be safe; if it adopted for the use of its servants a pole set by somebody else, it was its duty to ascertain, by proper inspection, whether it was set deep enough to be…
2Cited by12 opinions
- Gulf, C. & S. F. Ry. Co. v. JacksonCourt of Appeals for the Eighth Circuit · 1894
- West Chicago Street Railway Co. v. FishmanIllinois Supreme Court · 1897
- Broderick v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Southern Bell Telephone & Telegraph Co. v. CovingtonSupreme Court of Georgia · 1913
- Abbot v. HeathWisconsin Supreme Court · 1893
7 more not listed; retrieve them via the Exa API.