Stasulat

This case was taken over after decision by the District Court of Appeal, First District, Division One. The facts are taken from the opinion by Mr. Justice Gray sitting pro tempore.

It is the position of the appellant that, conceding the fatal fall was caused by an electric shock received from the energized guy wire and that the appellant was negligent in permitting its wires to sag and remain in a position which did not give the clearance required by the rules of the Railroad Commission, such negligence was not the proximate cause of the accident, since, hanging in their normal position and as replaced after the accident, the appellant’s wires were harmless for, although they did not meet the clearance requirements, they were two feet above the messenger and cable, did not come in contact with the telephone pole or any of its equipment and were insulated. The appellant contends the chain of causation from its negligence was broken by an efficient intervening cause which did not flow as a natural consequence from the negligence of the appellant; that the change of position of the wires was in no way connected with any negligence in allowing the wires to sag but was the un *637…