Walker

This action was brought by the appellee, as administratrix of the.estate of her deceased husband, to recover damages for his death, alleged to have been caused by a collision with the telephone wire belonging to the appellant, extending across Morley avenue in the city of Nogales, state of Arizona. The wire in question extended from a point 16 feet from the ground on a telephone pole on the west side of Morley avenue to the eaves of a house, No. 1537 North Morley avenue. The height of the wire on the west side was 16 feet, and on the east side about 9 feet. The appellant was operating under a franchise granted by the city of Nogales, which provided that the telephone wires erected thereunder “shall be so constructed as not to interfere with usual travel on said streets, alleys and public ways.”

The decedent and his father, W. H. Walker, were engaged in the transfer and storage business in the city of Nogales, under the firm name of Walker Transfer & Storage Company. The deceased had been engaged in that business in Nogales for about six years before his death. At the time of the' accident he was engaged in moving a truck load of furniture along North Morley avenue and was seated…