Pooler

Appellee, a citizen of Montana, hereafter called plaintiff, brought this action against appellant, a Colorado corporation, hereafter called defendant, to recover damages for personal injuries alleged to have been sustained by plaintiff. The amended complaint, hereafter called the complaint, contains two counts. The first is for $35,450 claimed as actual damages. The second is for $105,000 claimed as punitive damages. The jury returned a verdict in plaintiff’s favor for $20,000 on the first count and for $1 on the second. Judgment was entered accordingly. This appeal followed.

Defendant demurred to the complaint and to each count thereof, on the ground that the complaint did not, in either count, state facts sufficient to constitute a cause of action. The demurrer was overruled. This ruling is assigned as error.

The first count of the complaint alleges that defendant, being engaged in the telephone business, maintained a system of wires and poles in the neighborhood of plaintiff’s home in Butte, Montana. The first count further alleges :

After describing in detail the injuries sustained by plaintiff, the first count alleges further: “That defendant * * * knew or in the exercise…