132 Ga. 462 | Ga. | 1909
Mid Morris, by his next friend, brought a. complaint against Rounsaville Brothers to recover damages on account of personal injuries received, his petition, as amended, making substantially the following allegations: The defendants are the owners of a private telephone line, the poles of which are placed alongside the public road. The plaintiff was engaged in moving a house for the Rome Tannery across this public road, and -it was necessary to remove the telephone wire. The plaintiff placed a ladder against one of the telephone poles, and when he had climbed to the top round of the ladder, about 20 feet from the ground, the pole broke and fell with the plaintiff to the ground, causing him serious'injury. The pole was rotten and in an unsafe condition under the ground, and up to about two inches above the ground. The plaintiff filed an amendment which, properly construed, alleged that defendants gave him permission to climb the pole. The petition was dismissed upon demurrer, and the plaintiff excepted.
The amendment offered, stating that the defendants gave the plaintiff permission to climb the pole, simply had the effect of showing that the plaintiff was a licensee if it can be said that he was acting within the privilege given him to climb the pole when
Judgment affirmed.