Silva

The action is for damages occasioned by the alleged negligence of defendant in delivering electricity to plaintiff’s tankhouse, resulting in the destruction of the latter by fire. The cause was tried by a jury and plaintiff had the verdict for five hundred dollars. Judgment was accordingly entered from which defendant appeals on bill of exceptions.

The negligence complained of consisted in want of proper care in the delivery of electricity to plaintiff’s motor placed in said tankhouse. Paragraphs III and IV of the amended complaint set forth the following facts:

A general and special demurrer was overruled and defendant answered; admitted wiring plaintiff’s tankhouse as alleged, but denied that defendant had. any control over the same; alleged that it did have control over the wires leading from the transformer to a point within a few inches of the tankhouse, but denied that it had any control or was under any duty to keep in repair any wires beyond said point or in said tankhouse;. admitted ownership of the meters in the tankhouse, but alleged that these were properly installed and were safe; denied that the wires which defendant did control were dangerous or unsafe in any…