Rocca

The plaintiff, as the administrator of Lige "William Rocca, deceased, prosecutes this action under the provisions of section 377 of the Code of Civil Procedure, in the interest of Marguerite Rocca, mother of the deceased. Plaintiff had judgment in the sum of $12,000. A motion for a new trial being denied, defendant appeals to this court from said judgment.

After setting forth some preliminary matters, the complaint alleges that the defendant is a corporation organized for furnishing electricity for lighting and power purposes and was maintaining a line of wires, poles, etc., for carrying and conveying electricity from Jamestown to Quartz Mountain and thence to Stent, in the county of Tuolumne, and was so doing on the thirtieth day of January, 1922. It is further alleged that said company maintained an electric power line along a public highway at a point where a certain other road used by the public intersected or connected with said public highway; that said road so intersecting said public highway is known as and called the App Mine road; that said App Mine road was at the time in question and for many years prior thereto had been generally used and traveled by the public. The…