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SOUTHWESTERN BELL TELEPHONE CO. v. EAST TEXAS PUBLIC S. CO.

No. 5914.

48 F.2d 23 (1931)

SOUTHWESTERN BELL TELEPHONE CO. v. EAST TEXAS PUBLIC SERVICE CO.

Circuit Court of Appeals, Fifth Circuit.

April 3, 1931.

Attorney(s) appearing for the Case

Nelson Phillips, of Dallas, Tex., and J. Q. Mahaffey, of Texarkana, Tex. (Jos. W. Jamison, of St. Louis, Mo., C. M. Means, of Dallas, Tex., and J. J. King, J. I. Wheeler, and C. E. Bryson, all of Texarkana, Tex., on the brief), for appellant.

James T. Casey, F. H. Prendergast and George Prendergast, all of Marshall, Tex., for appellee.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

BRYAN, Circuit Judge.

This was tort action begun by R. E. Johnson against the East Texas Public Service Company to recover damages for personal injuries sustained by him as a result of his coming into contact with a cable which was heavily charged with electricity. The cable was used by the service company for the purpose of raising and lowering an electric light at a street intersection, and was not designed or intended as a conductor of electric current. But it...

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