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BYERS v. MIDDLE TENNESSEE ELECTRIC MEMBERSHIP CORP.

No. 72-1100.

467 F.2d 641 (1972)

Clark BYERS, Plaintiff-Appellant, v. MIDDLE TENNESSEE ELECTRIC MEMBERSHIP CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

September 28, 1972.

Attorney(s) appearing for the Case

Charles S. Coffey, Jr., Chattanooga, Tenn., for plaintiff-appellant; Coffey, Summitt & O'Neal, Wilkes T. Thrasher, Jr., Chattanooga, Tenn., on brief.

Thomas O. H. Smith, Jr., Nashville, Tenn., for defendant-appellee; Smith & Smith, Nashville, Tenn., on brief.

Before PECK and MILLER, Circuit Judges, and McALLISTER, Senior Circuit Judge.

JOHN W. PECK, Circuit Judge.

This is a personal injury action arising out of an accident in which the plaintiff-appellant was struck by an arc from the power lines of the defendant-appellee as he was working on a roadside billboard sign. The jury in the trial court found the defendant guilty of negligence for the improper maintenance of its lines, but found Byers guilty of contributory negligence in failing to exercise proper care for his own safety. In Tennessee...

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