New England Telephone & Telegraph Co. v. Moore

Citations

• 179 F. 364
• 31 L.R.A.N.S. 617
• 1910 U.S. App. LEXIS 4647
• 31 L.R.A (N.S.) 617

Syllabus

<p>Electricity (§ 16*) — Obstruction—Injuries Incident to Use.</p> <p>The foreman in charge of the poles and wires of an electric light company, in undertaking to remove a broken wire which hung from a pole of a telephone company against an electric light pole in such position as to interfere with the climbing of such pole by his workmen, was not a volunteer, interfering with the property of the telephone company, but was acting within his duty to his employer to remove an obstruction to its own property, and was not required to first notify the telephone com-' pany to remove the wire; and the latter company is liable for its negligence in permitting the broken wire to remain in such position as to become dangerously charged with electricity by contact with a light wire, which caused the death of the foreman when he took hold of it.</p> <p>[Ed. Note. — For other eases, see Electricity, Cent. Dig. § 9; Dec. Dig. § 16»</p>