Tackett

There is no serious controversy as to the facts herein, which may be stated as follows: The appellants own all the wires, poles and electrical appliances used for distributing electricity in the town of Lodi, San Joaquin county, Cary Brothers being the managers of the plant. The electricity which they distribute is purchased by them from the American River Electric Company. This company has no control nor supervision over the wires or electrical appliances belonging to appellants. Appellants1 strung the wire in controversy a year before the electrocution of plaintiff’s minor child, caused by coming in contact with said wire. This wire was given two wraps around a pole, carried across a sidewalk over an office building, and attached to an iron pipe of a water-tank. It was an ordinary galvanized wire, uninsulated, and having the appearance, as some of the witnesses stated, of being used as a guy wire and not as one charged with electricity. Said wire was used as a “third leg” or ground wire of the system and it thus saved the expense of another wire. From the date of its erection until the death of said child no attention seems to have been paid to this wire. At a time when the…