Anderson

Action to recover damages for injuries caused by contact with a high voltage wire maintained by defendant company, a public service corporation, as a part of its electrical distributing system.

Plaintiff claimed that the defendant company negligently maintained its wires in dangerous proximity to the roof of a certain building upon which he was working, in consequence of which he received the injuries complained of. The defendant denied any negligence on its part and alleged contributory negligence on the part of the plaintiff. It also set up in its answer by way of separate defense that at the time of the accident plaintiff was a trespasser upon its property. At the conclusion of plaintiff’s case a motion for a nonsuit was made and denied. After trial the jury returned a verdict in favor of plaintiff in the sum of three thousand dollars. A motion for a new trial was made and denied. This is an appeal from the judgment and order. As grounds for reversal appellant claims that the evidence fails to prove negligence on the part of defendant company, or a duty of care owed from it to plaintiff and the trial court therefore erred in denying a motion for a nonsuit and in refusing to…