Houle

This is an appeal from a'judgment in favor of tbe defendant on a directed verdict in an action for personal injuries. On January 11, 1928, and prior thereto, tbe appellee was engaged in tbe business of supplying and distributing electric current for light, beat, power, and commercial purposes in tbe city of Helena, state of Montana, and in adjacent territory, and maintained a line of poles and wires along tbe easterly side of -Ewing street in that city, carrying and conducting electric current of a Mgb and dangerous voltage. Tbe poles on tbe street in question were 27 feet high and carried five wires. At about 11:20 on tbe evening of that day tbe appellant came in contact with one of these wires, wMeh bad broken and fallen to tbe sidewalk, and received tbe injuries for which a recovery was here sought. Tbe fifteenth paragraph of tbe complaint alleged: “That at said time and place, tbe said defendant in violation of tbe duty it owed to tbe public generally and to this plaintiff in particular, negligently, carelessly and recklessly allowed and permitted its said wire, broken and disengaged as aforesaid, and while so heavily charged with such high and dangerous electric current in…