Britton v. Central Union Telephone Co.

Citations

• 131 F. 844
• 65 C.C.A. 598
• 1904 U.S. App. LEXIS 4321

Syllabus

<p>1. Master and Servant — Injuries to Servant — Telephone Poles — Appliances — Safe Place to Work.</p> <p>Where a telephone lineman was injured by the falling of a defective pole from which he was removing the wires prior to the demolition of the pole, such pole was an appliance only, and not a place to work which plaintiff’s employer was required to make safe for him to work on,</p> <p>2. Same — Inspection.</p> <p>Where defendant telephone company had not assumed the duty of independently inspecting and testing its telephone poles before they were climbed by linemen, and the only inspection required was such as an ordinarily skillful lineman could readily perform before undertaking to climb the pole, a lineman so employed assumed the risk incident to climbing such poles after making such examination and tests as his judgment would indicate was necessary.</p> <p>3. Same — Warning.</p> <p>Where a telephone lineman had been previously discharged by defendant for incapacity, and thereafter, on again applying for employment, defendant was informed that he had not sufficient experience to work as a lineman, by reason of which he was employed at other work for a time, and was then directed to do a lineman’s work in removing wires from certain old poles, in which work he was injured by the falling of a pqie, whether defendant was negligent in permitting him to do such work, which involved the climbing of the poles, without warning him to make an inspection thereof, and as to the manner in which such, inspection should be made, was for the jury.</p>