Grant

The action was instituted to recover damages for personal injuries. The plaintiff prevailed and from the judgment and order denying the motion for a new trial defendant appealed.

It appears from the complaint that defendant constructed and maintained in the city of Woodland a certain guy wire or cable, at or near the point where Lincoln avenue intersects the western boundary of the depot grounds of the Southern Pacific Company; that along the western boundary of said depot grounds is a spur or switch track, and Lincoln avenue crosses this at right angles extending easterly across said grounds; that said grounds are open and uninclosed; that prior to the accident defendant erected a telephone pole at or near the south side of said Lincoln avenue at the point of its intersection with the western boundary of the said depot grounds, upon which pole it strung its wires, and for the purpose of “staying” the aforesaid pole erected a second pole about eighty-three feet distant in a northeasterly direction, both of said poles being within the exterior limits of said Lincoln avenue; that the said guy wire, being about three-eighths of an inch in diameter, extended from a point near the top…