Legal Opinion

Texarkana Telephone Co. v. Pemberton

Supreme Court of Arkansas

Decided May 18, 1908PublishedCited by 20 opinions

Appeal from Miller Circuit Court; Jacob M. •Carter, Judge; STATEMENT BY THE COURT. This is a suit brought by Henry Pemberton to recover for personal injuries caused by reason of the negligence of the Texarkana Telephone Company in failing to repair certain dangerous wires within a reasonable time, as Pemberton was led to believe would be done.

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Appeal from Miller Circuit Court; Jacob M. •Carter, Judge; STATEMENT BY THE COURT. This is a suit brought by Henry Pemberton to recover for personal injuries caused by reason of the negligence of the Texarkana Telephone Company in failing to repair certain dangerous wires within a reasonable time, as Pemberton was led to believe would be done. About dark on the 19th day of November, 1906, the plaintiff and John Few, “trouble shooters” for the Texarkana Telephone Company, were sitting in the office of Roy Taylor, the wire chief of the company, after their day’s work was done. Mrs. De Grazier…

1Opinion of the Court

Hart, J.,

(after stating the facts.) The defendant bases its objection to the first instruction given by the court, and to the refusal of the court to give the instructions asked by it, upon the ground that the record discloses no 'evidence to sustain the position ■ assumed by plaintiff that the wire chief stood in the relation of vice-principal to the defendant. “Electrical companies, in the maintenance of their wires, owe to their employees, as well as to others who' may of right, either for pleasure or work, be in the vicinity of such wires, the duty of exercising reasonable care, that is,…

2Cases cited3 opinions

  1. Archer-Foster Construction Co. v. VaughnSupreme Court of Arkansas · 1906
  2. Pettigrew Machine Co. v. HarmonSupreme Court of Arkansas · 1885
  3. Hadley v. BryanSupreme Court of Arkansas · 1902

3Cited by20 opinions

  1. Matheson v. O'KaneMassachusetts Supreme Judicial Court · 1912
  2. Nashville Interurban Ry. v. GregoryTennessee Supreme Court · 1916
  3. Lisle v. AndersonSupreme Court of Oklahoma · 1916
  4. Morgan v. CockrellSupreme Court of Arkansas · 1927
  5. Stires v. SherwoodOregon Supreme Court · 1915

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