Postal Telegraph-Cable Co. v. Grantham

Citations

• 187 F. 52
• 109 C.C.A. 370
• 1911 U.S. App. LEXIS 4482

Syllabus

<p>1. Trial (§ 139*) — Direction of Verdict — Duty of Court.</p> <p>Where the evidence is so conclusive that the Court, in the exercise of a sound judicial discretion, would be compelled to set aside a verdict in opposition to it, the trial judge should -direct a verdict when requested; but, where it is such that reasonable men may differ as to the inference to be drawn from it, the court should submit the case to the jury.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. §§ 333-341; Dec. Dig. § 139.*]</p> <p>2. Master and Servant (§ 288*) — Master’s Liability for Injury to Serv- - ant — Defective Tools — Assumption of Risk.</p> <p>Plaintiff was a lineman employed by defendant telegraph company and wag injured while he and others were taking down poles, by reason, as he alleged, of a defective “deadman” furnished by defendant, with which to do the work. There was evidence that he had previously made requisitions for, and had been promised, a different tool. The work on which he was engaged was done by order of the district foreman who insisted on its being done at once with the men and means at hand without waiting for the gang who usually did such work and were equipped for it. Held, that whether plaintiff assumed the risk from the use of the tool supplied depended on whether the danger from its use was so clear and obvious that he knew and appreciated it, or should have done so in the exercise of reasonable care, which was a question of fact for the jury.</p> <p>[Ed. Note. — For other cases, see Master and Servant, Cent. Dig. §§ 1068-1088; Dec. Dig. § 288.* ‘</p> <p>Assumption of risk incident to employment, see note to Chesapeake &’ O. R. Co. v. Hennessey, 38 C. C. A. 314.]</p> <p>3. Trial (§ 234*) — Requests for Instructions — Form Under North Carolina Practice.</p> <p>Under the North Carolina practice of having the jury respond to issues of fact and not find a general verdict, requested instructions, concluding that upon the assumed state of facts “pl