34 Ind. App. 429 | Ind. Ct. App. | 1905
Sait by appellee, as administrator, against appellant and the South Bend Electric Company for damages for the death of Anton Sczmankowski as the result of an electric shock from the wires of appellant and the electric company. Upon issues formed, the jury returned a verdict against appellant telephone company, and over a motion for a new trial judgment was rendered on the verdict. The errors assigned,' (1) and (2), question the sufficiency of the complaint; (3) overruling the motion for a new trial.
The only questions argued by counsel are those arising under the third assignment of error. A new trial was asked upon the grounds: (1) and (2) The verdict is not sustained by sufficient evidence, and is contrary to law; “(3) the court erred in giving instructions numbered 3, 4, 5, 6, Y, 8, 9, 11 and 13 on its own motion; (4) the court erred in giving instructions numbered 3, 4 and 6 asked by defendant South Bend Electric. Company; (5) the court erred in refusing to give instructions numbered 1, 2, 3, 3%, 5, Y, 10, 11, 12 and 14 asked by defendant Central Union Telephone Company.”
It is argued that the verdict is not sustained by sufficient evidence. The complaint avers that the South Bend Electric Company maintained, on poles about twenty feet high, across certain lands, certain wires for conducting electricity for lighting purposes, and conducted over these, wires a high, deadly voltage of electricity; that in September, 1897, 'appellant constructed a line of two wires, which crossed at right angles the wires of the electric company; “that the defendant Central Union Telephone Company negligently erected its wires over and across the wires of defendant South Bend Electric Company as aforesaid, with uninsulated wires, and without guards to prevent the wires of defendant telephone company from coming in contact with the wires of defendant electric company; that defendant telephone company so negligently maintained its said wires and negligently suffered ■ them to remain so until the accident as hereinafter alleged; that from and after the 27th day of November, 1901, the said wires erected by the defendant .telephone company as aforesaid were not used by it to supply telephone service as aforesaid, but it negligently retained them, and suffered them to remain on the poles as aforesaid for no use or purpose;” that from May, 1902, until the date of the accident there were daily a great number of laborers and workmen at work erecting a dwelling about fifty feet south of the crossing of the wires, all of which facts appellant kne.w; that during this time appellant neg
Judgment affirmed.