Robinson
Robinson v. Western States Gas & Electric Co.
Opinion
Lead Opinion
Shaw, J.
The defendant appeals from the judgment. The plaintiffs sue as heirs of William S. Robinson, deceased, to recover damages accrued to them from his death, which it is alleged was caused by the negligence of the defendant. Lyda Robinson is the widow and Eliza J. Robinson the mother of the decedent. Both of them were at the time of his death dependent upon him for support and maintenance.
The defendant was operating power wires by means of which it was in the business of transmitting electricity from its power plant to consumers. Robinson owned a farm on which he maintained a windmill. The upper part of the windmill was made of metal and was so arranged that the fans could be turned in any direction by means of a chain and a small wire attached to the metal parts at the top of the mill and hanging down to within three feet of the ground. A branch of the power line maintained by the defendants, consisting of three transmission wires, ran to said windmill. It is alleged that the defendant negligently constructed said power line so that by the natural operation of the wind, water, and gravity its wires carrying electricity would be likely to come in contact with the metal parts of said…