Clark v. Pacific Gas & Electric Co.

The plaintiff had judgment in the sum of $4,250 for and on account of damages alleged to have been suffered by reason of coming in contact with a high-powered electric transmission line, negligently maintained by the defendant. From this judgment the defendant appeals, and also from an order denying defendant’s motion for judgment in its favor, notwithstanding the verdict.

The complaint alleges that on the third day of May, 1929, the defendant was maintaining a power transmission line suspended on poles, in and over the Cutten-McDonald tract, near or adjacent to the city of Eureka; that the volume of electricity carried in said line amounted to about 2,300 volts; that upon the poles the defendant caused steps to be maintained from the top thereof to within a few feet of the ground (the testimony showing about 18 inches) ; that said steps were maintained contrary to an order of the railroad commission known as and called “General Order 64-A”; that the order referred to became effective March 1, 1929, and specifies that the lowest step on any pole supporting an electric power line shall not be less than 7 feet 6 inches from the ground. It is further alleged in the complaint that…

Appellant again contends that there was no testimony showing the date of the construction of the pole involved in this action, and therefore that General Order 64-A of the Railroad Commission did not apply, and that the trial court and this court were both in error in assuming that it did.

A consideration of the pleadings which was given in the first instance, and are now referred to, shows that the appellant’s contention is untenable, as only one question in relation to the pole was tendered, to wit: Whether the steps on the pole were lower than 7 feet, and were down to within 3 feet of the ground. The allegations of the complaint in paragraph IY are as follows: “That said defendant caused steps to be maintained on said poles from the top to within 3 feet of the ground, the first step being less than 3 feet, contrary to General Order 64-A of the Railroad Commission and contrary to all rules of safety and carefulness; that General Order 64-A, effective March 1, 1929, issued by the Railroad Commission, provides that for any overhead line constructed conducting electricity, the lowest step on any step-pole shall not be less than 7 feet 6 inches from the • ground, and a space…

The plaintiff had judgment in the sum of $4,250 for and on account of damages alleged to have been suffered by reason of coming in contact with a high-powered electric transmission line, negligently maintained by the defendant. From this judgment the defendant appeals, and also from an order denying defendant's motion for judgment in its favor, notwithstanding the verdict. The complaint alleges that on the third day of May, 1929, the defendant was maintaining a power transmission line suspended on poles, in and over the Cutten-McDonald tract, near or adjacent to the city of Eureka; that the volume of electricity carried in said line amounted to about 2,300 volts; that upon the poles the defendant caused steps to be maintained from the top thereof to within a few feet of the ground (the testimony showing about 18 inches); that said steps were maintained contrary to an order of the railroad commission known as and called "General Order 64-A"; that the order referred to became effective March 1, 1929, and specifies that the lowest step on any pole supporting an electric power line shall not be less than 7 feet 6 inches from the ground. It is further alleged in the complaint that the…