Yolo

Appeal from judgment of nonsuit in favor of defendant in an action to recover damages for the alleged wrongful death of plaintiffs’ minor child on April 7, 1926. The boy was electrocuted on the farm where he was working while crawling through a fence, the wires of which had become charged with electricity when one of the transmission wires of defendant’s power line broke during a high wind, from rubbing against the branches of a tree or other cause, and contacted the wire strands of an adjoining fence.

The power wires, at the place where the break occurred, passed through a line of trees, the branches of which had not been trimmed for some time prior to the accident and 'evidence was received in support of and against the charge that the boy’s death was due to the negligence of defendant in failing to properly construct and maintain the said power line and in failing to take due precautions to trim the limbs of the trees so that no injury could be caused to the wires by overhanging or swaying branches. At the conclusion of the testimony, the court granted a non-suit upon the ground that an action in tort against defendant Irrigation District, based upon the negligence of its…