Burr v. Limestone Telephone Co.

Miller, Judge:

Plaintiff was thrown from his motor truck and severely injured when his head or neck came in contact with a telephone wire erected and maintained by the defendant company across one of the streets in the town of White Sulphur Springs. From a judgment in favor of plaintiff for the sum of $1,625.00, defendant has prosecuted the present writ of error.

The first error assigned is that the declaration does not allege that the defendant or its agents had knowledge of the low condition of the wire at the time of the accident, or by the exercise of due diligence could have had such…