Legal Opinion

Harton v. . Telephone Co.

Supreme Court of North Carolina

Decided May 22, 1906PublishedCited by 103 opinions

■' ActioN by H. H. Hartón., Administrator of Mary Willie Hartón, against Forest City Telephone Co., beard by Judge T'7. B. Allen and a jury, at the August Term, 1905, of the Superior Court of Ruthbefokd. There was evidence tending to show that defendant had erected its poles along a highway in Rutherford County.

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■' ActioN by H. H. Hartón., Administrator of Mary Willie Hartón, against Forest City Telephone Co., beard by Judge T'7. B. Allen and a jury, at the August Term, 1905, of the Superior Court of Ruthbefokd. There was evidence tending to show that defendant had erected its poles along a highway in Rutherford County. The road hands had worked this particular part of the highway six or eight days prior to the injury, ditching close up to a pole which was rendered insecure and liable to fall. A road hand notified a lineman of the defendant of its unsafe condition some days before the injury, but the…

1Opinion of the Court

CONNOR and WALKER, JJ., dissenting. There was evidence tending to show that defendant had erected its poles along a highway in Rutherford County. The road hands had worked this particular part of the highway six or eight days prior to the injury, ditching close up to a pole which was rendered (457) insecure and liable to fall. A road hand notified a lineman of the defendant of its unsafe condition some days before the injury, but the matter was not attended to and the pole fell across the road with the lines attached, blocking the road. One Carpenter, going along the road with a wagon, in…

2Cases cited7 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Insurance Co. v. BoonSupreme Court of the United States · 1877
  3. Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
  4. Village of Carterville v. CookIllinois Supreme Court · 1889
  5. Lynn Gas & Electric Co. v. Meriden Fire InsuranceMassachusetts Supreme Judicial Court · 1893

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3Cited by103 opinions

  1. Hairston v. Alexander Tank & Equipment Co.Supreme Court of North Carolina · 1984
  2. Ballinger v. . ThomasSupreme Court of North Carolina · 1928
  3. Butner v. SpeaseSupreme Court of North Carolina · 1940
  4. Butner v. . SpeaseSupreme Court of North Carolina · 1940
  5. McNair v. BoyetteSupreme Court of North Carolina · 1972

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