Roberts

Separate appeals were taken by the respective defendants from a judgment for damages which was entered against them jointly upon the rendering of a verdict for $12,500 for the death of plaintiff’s intestate, who was killed by coming in contact with a high-power electric wire which was pulled down by the falling of a tree.

The defendant City of Chico owned an extensive tract' of land which was used as a public park and was called Bid-well Park. In this park a golf course and two swimming pools were maintained. March 11, 1925, the city executed a written agreement with the defendant Pacific Gas and Electric Company, by the terms of which the Electric Company agreed to and did construct in and upon said park an electric line of wires and poles covering a distance of five or six miles, to be used for lighting purposes. The contract provided in part: “ . . . the Company agrees forthwith ... to prosecute to completion the work of constructing for the applicant (City of Chico) ... a pole and wire electric o line of the character and along the route as specified and delineated upon the sketch attached hereto and made a part hereof. Said line, upon the completion of the construction…