Stewart

J., pro tem.—The plaintiff is the widow of one Carl D. Stewart, and brings this action to recover damages for his death, alleged to have been caused by the negligence of the defendant.

It is set forth in the complaint that on the ninth day of May, 1915, the defendant was the owner of and maintaining, for the purpose of its business of selling electricity, a line of poles upon which was strung high-power wires or cables along and upon the side of a public road running from Woodlake, in the county of Tulare, to Seaville, in the same county; that at a point about one mile from the town of Seaville the defendant maintained a pole upon said highway forming a part of its power line and supporting a high-power electric cable carrying a heavy voltage of electricity; that said pole was in a rotten and dangerous condition and dangerous to people traveling said highway; that the defendant knew of its condition; that on May 9, 1915, Carl D. Stewart was a passenger in an automobile as the guest of one George Cole, who was driving the machine, and Stewart had no control or management of said automobile; that said automobile at said time, while being driven along said highway by said Cole, and…