New York & New Jersey Telephone Co. v. Speicher
Supreme Court of New Jersey
On error, &c. Speicher, the defendant in error, while in the employ of Jersey City as a “ lineman,” climbed a telegraph pole to do some work upon wires of the city fire department, which were carried by the topmost of three cross-bars. The lower two cross-bars carried wires of the New York and New Jersey Telephone Company, the plaintiff in error. When Speicher descended the pole, he took hold of one of those cross-bars, which gave way and he fell.
1Opinion of the Court
The opinion of the court was delivered by
Magie, J.
The only assignments of error which need be considered are those based on the exceptions to the refusals to nonsuit and to direct a verdict for defendant below. These present the question whether the evidence established a liability to Speicher on the part of the telephone company.
*24It was conceded that there was no contractual relation between them, for he was the employe of the city and not of the telephone company.
Proof that the pole from which Speicher fell had been erected by the telephone company or was owned by it, and that it was…
2Cases cited1 opinion
- Phillips v. Library Co.Supreme Court of New Jersey · 1893
3Cited by10 opinions
- Musolf v. Duluth Edison Electric Co.Supreme Court of Minnesota · 1909
- Chesapeake & Potomac Telephone Co. v. BullockSupreme Court of Virginia · 1944
- Saunders v. Eastern Hydraulic Pressed Brick Co.Supreme Court of New Jersey · 1899
- Moersdorf v. New York Telephone Co.Supreme Court of New Jersey · 1913
- Cahill v. Mundet Cork Corp.New Jersey Superior Court Appellate Division · 1961
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