CITY OF MOULTRIE v. POOLE

No. 17184.

260 F.2d 118 (1958)

CITY OF MOULTRIE, Appellant, v. Mrs. Louise POOLE, Appellee.

United States Court of Appeals Fifth Circuit.

October 24, 1958.


Attorney(s) appearing for the Case

Hoyt H. Whelchel, Hoyt H. Whelchel, Jr., Whelchel & Whelchel, Moultrie, for City of Moultrie, appellant.

Vincent P. McCauley, Columbus, Ga., Marcus B. Calhoun, Forester & Calhoun, Thomasville, Ga., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This appeal presents the sole issue of the sufficiency of the evidence to warrant submission to the jury of the question of negligence resulting in the accidental electrocution of appellee's husband.

The City of Moultrie, Georgia, operates its publicly owned electrical power and light system. At the request of one C. O. Smith it installed a power line wholly on Smith's property. Power was delivered to Smith to a pole owned by him and...

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