Colvin

Alan Colvin, a 14-year-old boy, sued Southern California Edison Company for damages for personal injuries sustained when a guy wire he was holding contacted a charged conductor owned by defendant. In a special verdict, the jury found facts that established defendant’s immunity from liability under Civil Code section 846 and judgment was entered in favor of defendant. The trial court subsequently granted a motion for a new trial on two separately stated grounds: (1) that there was insufficient evidence to justify the jury’s finding that the accident had occurred on premises in which defendant had an interest within the meaning of section 846, and (2) that consequently it was error to have instructed the jury on immunity. Defendant appeals from the order granting the new trial and we reverse.

Factual Background

Calleguas Creek flows in a southerly direction through an undeveloped, rural portion of Camarillo, to the east of Lewis Road and between Seminary and Adolph Roads. Defendant owns and operates electrical transmission and distribution lines running about 3,000 feet along the westerly bank of the creek. The lines are supported by poles and conduct electricity at…