The Federal Reporter: With Key-Number Annotations ..., volume 128
The Federal Reporter: With Key-Number Annotations ..., volume 128
United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court
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The case went to the jury, and a verdict and judgment was rendered for $2,000. It is claimed the court erred in refusing to instruct the jury to find for the de- fendant, in denying certain requests to charge, and in charging as it did. The plaintiff. Bills, had been employed by the company about a year, first as a groundman, and then as a lineman. He had never worked for any other telephone company. On the day of the accident, along with three other men, Atkins, Allen, and Barnett, all in char...ge of Scruggs, the foreman, he was doing work on the Lexington Line, about one mile east of Jackson, Tenn. The gang was engaged in cross-arming the route, that is, placing cross-arms on the poles, and transferring the wires from brackets to the cross-arms; also, inci' dentally, in placing new poles where the spans were too great, and in resetting or replacing defective poles. In doing this work, the fore- man and Atkins, another lineman, preceded the plaintiff. Atkins climbed the pole which subsequently broke, boring a hole and cutting a place for the cross-arm, before the plaintiff reached it.
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