134 Mich. 292 | Mich. | 1903
The map accompanying this opinion will show the situation of defendant’s wires, which
occasioning sagging. This stay consisted of a guy wire, fastened near the top of the westerly pole, and extending to the pole southeast of the elbqw, and fastened about 10 feet above the ground. The poles were set just outside of the curb line, between the sidewalk and the curb, and the effect was to cause the guy wire to cross above the pavement.
We are of the opinion that, under the evidence contained in the record, the case should have gone to the jury upon the question of defendant’s negligence and plaintiff’s contributory negligence.
The judgment is reversed, and a new trial ordered.