Ahern v. Oregon Telephone Co.
Oregon Supreme Court
Multnomah County: E. D. Shattuck, Judge. Action by Eugene Ahern against the Oregon Telephone & Telegraph Company to recover damages for personal injuries received by coming in contact with a telephone wire that had become heavily charged with electricity and was hanging down from a pole on which it had been coiled and hung. Judgment for plaintiff, and defendant appeals.
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Multnomah County: E. D. Shattuck, Judge. Action by Eugene Ahern against the Oregon Telephone & Telegraph Company to recover damages for personal injuries received by coming in contact with a telephone wire that had become heavily charged with electricity and was hanging down from a pole on which it had been coiled and hung. Judgment for plaintiff, and defendant appeals. Negligence in this case must be proved as a fact, and not presumed from the circumstance that plaintiff was injured: Walsh v. Oregon Ry. & Nav. Co. 10 Or. 250; Coughtry v. Willamette Street Ry. Co. 21 Or. 245; 1 Shearm. &…
1Opinion of the Court
Mr.. Chief Justice Lord
delivered the opinion of the court:
This is an action to recover damages for a personal injury alleged to have been caused by the negligence of the defendant in permitting its wire to come in contact with an electric wire, whereby it became heavily charged with electricity, and in allowing such wire to hang down so near the ground at the. corner of K and Twenty-first Streets as to endanger the life and limb of those traveling upon such streets. The errors assigned relate to the refusal of the trial court to grant a nonsuit, and to certain instructions given and refused.…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- White Sewing Machine Co. v. RichterIndiana Court of Appeals · 1891
3Cited by18 opinions
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Woods v. WikstromOregon Supreme Court · 1913
- Home Telephone Co. v. FieldsSupreme Court of Alabama · 1907
- Griffin v. Jackson Light & Power Co.Michigan Supreme Court · 1901
- Trickey v. ClarkOregon Supreme Court · 1908
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