Pezzalia

In an action for damages a jury awarded the plaintiff the sum of ten thousand dollars and from the judgment entered thereon the appeal has been taken. The nature of the action may be shown by the following allegations of the complaint:

Then follows an allegation and a description of the serious injury caused to plaintiff, and the particular negligence of defendants is specified as consisting "in constructing, operating and maintaining said power line in such close proximity to said single telephone wire” and thereby causing "a high voltage of electricity” to be "transmitted to the body of plaintiff as aforesaid” and inflicting "upon him the injuries hereinbefore enumerated.”

Appellants introduced no evidence at the trial, resting their case upon the showing made by respondent, and their only contention is that "the evidence shows conclusively that the respondent was guilty of contributory negligence as a matter of law,” and that the trial court should have granted their motion for a nonsuit based upon that ground.

Of course, there is no dispute as to the principle of law that applies to such situation. In Fernandes v. Sacramento City Ry. Co., 52 Cal. 45 , it is stated as…