Demopolis Telephone Co. v. Hood

The action is to recover damages for personal injuries. The complaint shows that defendant's telephone wire was strung across and over a railroad track, and that plaintiff, in course of his employment, had occasion to pass under the wire, and, in so passing, while standing erect upon the top of a freight car, he came in contact with the wire, and was injured.

It is averred that the wire was so low as not to clear a man of plaintiff's height, standing erect on the top of a car of the size on which he was riding.

After setting out these conditions, it is charged in general terms that the…