Harvey

The defendant is the owner and operator of a street railway in San Diego. The cars are operated by electricity, which is conducted by an overhead trolley and the trolley is supported by poles located on the opposite sides of the streets, including, among others, Broadway. Prior to the eleventh day of February, 1925, the defendant used wooden poles to support the wires. About that time it had commenced to substitute metal poles and to take out the wooden poles. Broadway runs east and west. State Street intersects Broadway and runs north and south. On the afternoon of February 11, 1925, at about 3 o’clock the defendant was engaged in removing a wooden pole at the northeast comer of Broadway and State Street. For that purpose it used a truck having attached to it a derrick not unlike a steam shovel excepting that the truck derrick had no shovel attached, but did have appliances for attaching to the wooden poles and lifting and pulling the poles. The truck was backed toward the pole at the corner of Broadway and State, but was located on the north line of Broadway from 8 to 15 feet east of the pole which the defendant’s servants were engaged in pulling. The plaintiffs, together with…