Borgnis

This is an action to recover damages for personal injuries sustained by plaintiff when a steel fishing-rod, which he was carrying, came in contact with a sagging wire of the defendant's power line. The jury returned a verdict in favor of defendant, and judgment was entered accordingly. The plaintiff has appealed from the judgment.

The action is based upon the alleged negligence of the defendant in allowing’ the power wire to- remain in such sagging condition. Eespondent contends that the plaintiff was a mere licensee on the defendant’s right of way, and that the judgment, therefore, must be affirmed», there being no proof or claim that the defendant wilfully or wantonly injured the plaintiff. Appellant contends that he was an invitee of the defendant, for whose safety the latter was bound to exercise ordinary care, commensurate with the dangerous character of the agency under its control.

The accident occurred while plaintiff was on a fishing trip along Shovel Creek, near Klamath Hot Springs, in Siskiyou County, on land owned by the Klamath Hot Springs Hotel Company. The company there owns about two thousand acres of land, through which Shovel Creek flows for about two and a…