United Electric Ry. Co. v. Shelton

• Decision Date: 07 December 1890
• Citation: United Electric Ry. Co. v. Shelton, 14 S.W. 863 (Tenn. 1890)
• Court: Tennessee Supreme Court
• Parties: UNITED ELECTRIC RY. CO. <I>et al.</I> v. SHELTON.

Page 863

14 S.W. 863

UNITED ELECTRIC RY. CO. et al. v.SHELTON.

Supreme Court of Tennessee.

December 7, 1890.

Appeal from circuit court, Davidson county.

Action for damages by C. F. Shelton against the United Electric Railway Company and the Cumberland Telephone & Telegraph Company.

Steger, Washington & Jackson and Vertrees & Vertrees, for appellants.John L. Nolen, for appellee.

TURNEY, C. J.

Shelton's horse was killed by coming in contact with a wire of the telegraph and telephone company, which had fallen across the trolley wire of the electric railway company.The wire of the telephone company had become much impaired.The falling of a wall of a burning building broke a pole of the telephone company, breaking the wires at several points.At the point of the accident, the telephone wires crossed the railway track above the trolley.A broken wire fell across the trolley wire, and, while resting on it, the horse came in contact with it, and was instantly killed.There was no guard wire over the trolley wire.The case was tried by the circuit judge without the intervention of a jury.The condition of the telephone wire was such as to arrest the attention of a prudent man engaged in the business of either company.The circuit judge found, under the facts, that both companies were...