Evans' Adm'r v. Cumb. Tel'p. & Tel'g Co.
Court of Appeals of Kentucky
CASE 11. — ACTION BY ERNEST EVANS’ ADMINISTRATOR AGAINST THE CUMBERLAND TELEPHONE & TELEGRAPH COMPANY. Appeal from Oldham Circuit Court. Charles C. Marshall, Circuit Judge.
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CASE 11. — ACTION BY ERNEST EVANS’ ADMINISTRATOR AGAINST THE CUMBERLAND TELEPHONE & TELEGRAPH COMPANY. Appeal from Oldham Circuit Court. Charles C. Marshall, Circuit Judge. Dismissed on demurrer and plaintiff appeals POINTS AND AUTHORITIES. 1. A telephone company is liable for the natural and proximate damage caused by its delay in giving telephone connection, where it is shown that such damage would not have occurred if it had performed its duty. 2 Greenleaf, Evidence 210; Smith v. W. U. Telegraph Co., 83 Ky. 116. 2. 'Where a person suffering from a gun shot wound in the leg, dies as the…
1Opinion of the Court
Opinion op the court by
Judge O’Rear
Affirming.
*68Ernest Evans sustained an accidental gunshot wound in the leg, producing considerable hemorrhage. A messenger, who was dispatched to call a doctor, applied at a pay station of the appellee, and asked that he be furnished telephone connection with the doctor’s residence, offering* to pay the required toll. It is alleged that owing to the negligence of the operator there was a failure to make the connection with the doctor’s telephone, in consequence of which he did not get the message, and Evans was thereby deprived of his services. It is further…
2Cases cited1 opinion
- Lebanon, Louisville & Lex. Tel. Co. v. Lanham Lumber Co.Court of Appeals of Kentucky · 1909
3Cited by13 opinions
- Southern Bell Telephone & Telegraph Co. v. GlawsonSupreme Court of Georgia · 1913
- Hines v. WesterfieldCourt of Appeals of Kentucky (pre-1976) · 1953
- Shields v. BoolesCourt of Appeals of Kentucky (pre-1976) · 1931
- Suter's Administrator v. Kentucky Power & Light Co.Court of Appeals of Kentucky (pre-1976) · 1934
- Whitehead v. . Telephone Co.Supreme Court of North Carolina · 1925
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