Sweatman

Plaintiffs, who are the surviving widow and minor children of one Robert Fulton Sweat-man, appeal from a judgment rendered in favor of respondent corporation upon the sustaining of its demurrer to the second amended complaint without leave to amend. Respondent was the sole defendant upon whom process was served. The action was to recover damages for the death of Sweatman resulting from an electric shock received by him from respondent’s high-voltage wires. The facts set forth in the pleading under discussion, so far as they appear material to the points involved on this appeal, are as follows:

On the 10th' of October, 1923, a five-story reinforced concrete building was under construction at the southwest corner of East Eighth and Santee Streets, in the city of Los Angeles. Construction of this building had been begun about July 25th of the same year. Sweatman, on the day he met his death, was working on the fifth floor of this structure, and while moving a metal rod “into and out of” one of the windows, brought it into contact with an uninsulated high-voltage wire “then being, by defendants, placed, maintained, and operated, above a public sidewalk, and about seven feet away from…