Smith v. San Joaquin Light & Power Corp.

The plaintiff, through his guardian ad Uiem, commenced an action against the defendant to recover damages for personal injuries. Judgment was entered in favor of the plaintiff and the defendant appealed under section 953a of the Code of Civil Procedure.

The defendant owned and operated as a part of its general system, an electric power line consisting of wires strung on poles in the usual manner along the north side of the public highway known as North Avenue in the county of Fresno, running west from the public highway known as Elm Avenue, to and beyond the intersection of said North Avenue with the public highway running north and south known as Fruit Avenue, which power line was used for the purpose of transmitting and distributing electricity for light and power purposes to various consumers. In the morning of November 10, 1920, the plaintiff, a child of seven years, whose parents lived on the south side of North Avenue, was sent to a neighbor’s house on the north side of said avenue for some milk. After procuring the milk and while on his way home walking on the north side of the avenue, which is a county highway, he observed a wire hanging from the top of a pole and…