Vigeant v. Postal Telegraph Cable Co.

This is an action of tort whereby the plaintiff seeks to recover compensation for personal injuries resulting from the collision of an automobile, in which she was riding, with a pole owned by the defendant. Both the. *336plaintiff and the driver of the automobile in which she was riding were found to have been in the exercise of due care. No contention was made in the trial court or in the argument at the bar of this court that the defendant was negligent. Its liability was found and is now conceded to rest exclusively on G. L. c. 166, § 42. The pertinent words of that section are, “A telegraph…