Pierson v. Citizens' Telephone & Telegraph Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Kenosha county: E. B. Beldeat, Circuit Judge. The plaintiff sues for personal injuries received by him-while in defendant’s employ as a lineman October 10, 1905. The defendant owned and operated a public telephone system in the city of Kenosha at the time of the accident. The plaintiff was about twenty-eight years of age and had several-years’ experience as a lineman.
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Appeal from an order of the circuit court for Kenosha county: E. B. Beldeat, Circuit Judge. The plaintiff sues for personal injuries received by him-while in defendant’s employ as a lineman October 10, 1905. The defendant owned and operated a public telephone system in the city of Kenosha at the time of the accident. The plaintiff was about twenty-eight years of age and had several-years’ experience as a lineman. On the day of the accident sonic trouble had been found to exist in defendant’s telephone cable on the north side of South street between two-poles about 140 feet apart. The cable…
1Opinion of the CourtWiNslow, C. J.
The new trial was granted in the exercise of the discretion of the court and not for error. This is shown by the fact that costs were imposed as a condition, as well as by the opinion of the circuit judge which is returned with the record. In this opinion the trial judge states that it seemed to him that the preponderance of the evidence showed that open hooks were commonly used for the *76purpose for which, the hook in question was used at the time of the accident, and hence that the finding that the defendant was negligent in furnishing the open hook for use was not supported as it should he…
2Cases cited3 opinions
- R. Connor Co. v. GoodwillieWisconsin Supreme Court · 1904
- Eggen v. FoxWisconsin Supreme Court · 1905
- Kittner v. Milwaukee & Northern RailroadWisconsin Supreme Court · 1890
3Cited by3 opinions
- Schlag v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1913
- Puhr v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1918
- Olson v. ElliottWisconsin Supreme Court · 1944