Trammell v. Columbus Railroad
Court of Appeals of Georgia
Action for damages; from city court of Columbus — H. C. Mc-Cutchen, judge pro hac vice. February 24, 1910. The action was for homicide caused by contact with an electric wire. It was dismissed on general demurrer.
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Action for damages; from city court of Columbus — H. C. Mc-Cutchen, judge pro hac vice. February 24, 1910. The action was for homicide caused by contact with an electric wire. It was dismissed on general demurrer. From the petition it appears, that the defendant, in its business of running street-cars and of lighting by electricity, had a line of wires on poles along the west side of a street in the city of Columbus, and that on the opposite side of the street a telephone company had a parallel line of poles and wires from which call wires extended into residences on each side of the street.…
1Opinion of the CourtRussell, J.
1. -The court erred in dismissing the plaintiff’s petition.
2. A corporation which, in the conduct of its business, employs a wire charged with a dangerous current of electricity, liable, if it should come in contact with the wires of another corporation, to cause injury to employees of the latter while engaged in the performance of their duties, owes to such employees not only the duty of observing ordinary diligence to prevent such contact, but also the duty of inspection for the purpose of discovering and discontinuing such contact.
3. An electric-light company, engaged in conveying…
2Cases cited19 opinions
- Brown v. City of AtlantaSupreme Court of Georgia · 1880
- Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
- Mayor of Macon v. DykesSupreme Court of Georgia · 1898
- Sinkovitz v. Peters Land Co.Court of Appeals of Georgia · 1909
- City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Crosby v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1966
- Southern Bell Telephone & Telegraph Co. v. ShamosCourt of Appeals of Georgia · 1913
- Augusta Broadcasting Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1948
- Athens Railway & Electric Co. v. McKinneyCourt of Appeals of Georgia · 1915
- Thornton v. Union Electric Light & Power Co.Missouri Court of Appeals · 1934
11 more not listed; retrieve them via the Exa API.