Winslow
Winslow v. Glendale Light & Power Co.
Opinion
Lead Opinion
Henshaw, J.
This action was brought to recover damages for personal injuries sustained by plaintiff. She was seventy-six years of age at the time she received the injuries complained of, and these injuries were occasioned by her tripping over a wire stretched across the sidewalk. This wire was admittedly a wire of the defendant, the Glendale Light & Power Company. That company’s principal defense to the action was that, having been ordered by the city to remove certain poles and wires, it employed an independent contractor to do the work, that the work was done wholly under the management and control of this independent contractor, and that it was through the negligence of his employees, and not the employees of the defendant Light and Power Company, that the accident occurred. Reference may here be made to a former appeal taken in this case and reported in 12 Cal. App. 530 , [ 107 Pac. 1020 ], By the decision upon the first appeal the judgment was reversed. A second trial followed, resulting in a judgment in favor of the plaintiff. From that judgment and the order denying defendant’s motion for a new trial an appeal was taken, resulting in an affirmance of the judgment and order by the court…