Manuel

Plaintiff was awarded damages against appellant for personal injuries inflicted by contacting a wire fence which had become charged with electricity from a fallen high-voltage wire.

At the conclusion of the trial the defendant moved for a directed verdict on the ground of the failure of any proof of negligence on the part of the defendant, which motion was denied, and thereafter moved for judgment notwithstanding the verdict upon the same ground. A motion for a new trial followed and, also, a motion to vacate the judg ment and verdict rendered in favor of the plaintiff against the defendant, all of which were by the court denied, and defendant now appeals to this court, asking that judgment be entered in its favor on the ground it appears from the evidence as a whole that a verdict should have been so directed at the conclusion of the trial.

Respondent in Ms complaint alleges the injuries suffered were caused by reason of the negligence and carelessness of the defendant in constructing and maintaining said power line.

The facts as adduced at the trial disclose that on the day of the injuries alleged the Pacific Gas and Electric Company maintained a service line of high voltage…