McCormick

Plaintiffs in these consolidated actions were awarded damages by a jury for personal injuries suffered by them as a result of coming in contact with defendant’s power wires strung along a public street in the city of Oakland. From the judgments entered on the verdicts the power company has appealed.

At a previous trial of the actions, judgments of nonsuit were granted, the trial court holding the evidence legally insufficient to establish against the power company a prima facie case of negligence. Plaintiffs appealed and the judgments of nonsuit were reversed (McCormick v. Great Western Power Co., 214 Cal. 658 [ 8 Pac. (2d) 145 , 81 A. L. R. 678]), it being held on appeal that the facts proved were sufficient to support the conclusion that the power company was negligent in failing to take care of its wires after having received information from which it might be reasonably suspected that persons engaged in lawful pursuits in places where they had a right to be would come in contact with said wires and be injured thereby, in the condition and location in which said wires were then being maintained.

At the second trial the essential facts established relating to the issue of the…