A Treatise Upon the Law of Telegraphs With An Appendix Containing the General
A Treatise Upon the Law of Telegraphs With An Appendix Containing the General
William L Scott
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Western R. R. Co. 4 Seld. 175. In the case of Perry . Marsh, 25 Ala. (N. S. ) R. 659, the rule is thus stated : " Where a workman is employed to do a dangerous job, or to work in a service of peril, if the danger belongs to the work which he undertakes, or the service in which he engages, he will be held to all the risks which belong either to the one or the other ; but where [84] CHAP. VI. ] AND INJURIES TO TELEGRAPHS. 68 68. The obligation to provide suitable instruments, posts, wires, etc. ,... is, in some of the States, expressly imposed by statute, and penalties inflicted for non- compliance. By statute of Alabama of Feb. 10, 1862, it is made the duty of every telegraph company, at each and every point that the wires of any line of tele- graph may cross any private or public road, to erect substantial, durable, and permanent posts or piers, to prevent the falling of the wires so as to obstruct or interfere with the travel on such road, and for fail- ure so to do, and upon the falling of the wires, a penalty is imposed.
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