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· 2/19/1913

Metz v. Postal Telegraph Cable Co.

Citations

  • 72 Wash. 188
  • 130 P. 343
  • 1913 Wash. LEXIS 1429

Syllabus

<p>Electricity — Negligence—Evidence—Sufficiency. It is negligence on the part of a telegraph company for its employees in making repairs to cause a break in the lines and contact with high tension wires of a power company, the wires dropping to the ground and coming in contact with a wire fence, and to go away and leave it in its dangerous condition without notifying persons in the vicinity.</p> <p>Same — Negligence—Proximate Cause of Accident. In such case, the telegraph company in not relieved of liability by the fact that the power company, after notice of trouble, through its automatic circuit breaker, turned on the current at intervals, according to the usual custom, in order to locate the trouble, where the telegraph company did not notify it of the actual trouble and should have anticipated the action of the power company.</p> <p>■Appeal and Error — Harmless Error — Not Affecting Appellant. In an action for damages by reason of negligence, against two joint tort feasors, jointly and severally liable, error in granting a nonsuit as to one is not error of which the other can complain.</p>

Judges: Fullerton

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