Southwestern Bell Telephone Co. v. Shelby

Hart, J.,

(after stating the facts). It is conceded by counsel for the defendant that there was sufficient evidence to go to the .jury on the question of whether or not the party removing the pole was guilty of negligence in leaving the hole unfilled right at the sidewalk, where people were accustomed to walk. They seek to reverse the judgment solely on the ground that the evidence was not sufficient to show that the pole which was removed belonged to the defendant, and contend therefore that the court should have directed a verdict in its favor.

It has been repeatedly held, and it is the…