Raines v. East Tennessee Telephone Co.
Cases that cite this one
1 later published case cites this decision.
- Wells v. Cumberland Telephone & Telegraph Co. (Ky. Ct. App. 1917)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Extended Opinion of the Court by
Under -the- evidence- -as now presented the court will instruct the jury that if -the four feet space -outside of Sarah. E. -Smith’s- fence- -had been 1-eft outside -of her -enclosure for a sidewalk, and was in fact so used as a public -sidewalk, that it was by such use practically a part o-f the avenue, then it was incumbent on th-e defendant in placing its guy wire to use -ordinary care that -the way should he r-easonaibly .safe for'the- public use, and if it failed -to use such care, and by reason thereof the plaintiff was injured, they should find for him, unless he failed to -ex-erci-s-e -ordinary care for -hi-s .own safety, and -but -f-o-r -such failnre would not have been injured. Otherwise the jury -should find for the defendant.
In Johnson v. Paducah Lumber Co., 122 Ky., 369, the property was private -and not nsed by th-e public. The other -cases relied on for appellee- are -similar or turn on other principles.
When the case was before u-s we went carefully over tbe -authorities, -and indicated those that seemed to us to -control. It would serve no good end to extend this response by going -over the matter again. The mass of work before us do-eis not permit this-.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.