Simons

This is an appeal from a judgment entered on an order sustaining a general and special demurrer to the amended complaint of plaintiffs, who, as heirs at law of one Charles A. Graves, brought the action to recover damages from the defendant for the death of said decedent.

It is alleged in the amended complaint that the defendant was engaged in the business of generating, distributing, selling, and furnishing electricity and electric power; that the power line consisted of three heavy wires, strung on wooden poles, said wires being capable of the transmission of sixty thousand volts; that the power line extended along the. northern side of a certain public highway in the county of Sutter; that Charles A. Graves leased and was in possession of certain lands immediately north of said highway; that a certain well with an iron pipe and windmill above was located about ten feet north of the property line, which was well known to the defendant; that the high voltage power line and poles and wires were permitted and allowed by the defendant to lean and encroach over and upon the real property of Charles A. Graves to the extent of two and one-half feet all along the south side of said…