Hines v. Martel Telephone Co.

This action sounds in tort, and arises out of an accident which occurred September 29, 1930. In the capacity of a telephone lineman at the time stated, plaintiff was in the act of climbing a telephone pole, which broke off under his weight and fell to the ground, causing the injuries in suit. In the district court, at the close of plaintiff’s evidence, a verdict was instructed for the defendant, and from the order of that court overruling his, motion for a new trial, plaintiff appeals.

At the time of this accident plaintiff, Hines, was in the employ of the defendant, Martel Telephone Company,…