198 F. 624 | 7th Cir. | 1912
(after stating the -facts as above). This case is practically on all fours with Bell Telephone Company v. Detharding, 148 Fed. 371, 78 C. C. A. 185. .lt appears from the undisputed evidence >that plaintiff’s decedent was of matur'd.age,.and
As was said in Telephone Co. v. Detharding, supra, he was seeking to remedy the very trouble which killed him. The present case is even stronger for the defendants than that just cited. There he could not see the disarrangement of the wires which carried death. Here he knew that, if the thing happened which did happen, his life would be in jeopardy. He was advised that he could have a man to help him, if he desired. Whether or not some other manner of stringing the two sets of wires would have been generally safer or more usual is not established from the evidence. Even had it been, it would not have been of moment here, because the danger was not only apparent, but clearly demonstrated, to decedent. The evidence entirely fails to disclose any negligence on the part of the defendants, or either of them. Hor does it show negligence on the part of plaintiff’s decedent. So far as can be gathered from the evidence, the death resulted from one of those accidents for which no one was responsible. Whatever the cause, it was, so far as disclosed in this record, one assumed by the decedent, for which.his administrator may not recover. The motion to take the cause from the jury should have been granted.
The judgment of the Circuit Court is therefore reversed, and the cause remanded for a new trial. •