The trial court submitted to the jury the question whether Bishop’s death at this arc lamp was due to electric shock, also if defendant had taken sufficient precautions in securing the wires to the crossarm at the corner of Elmendorf street and Ten Broeck avenue. The jury’s finding for plaintiff was well sustained in view of the obvious risks of carrying primary and secondary electric wires thus held by wooden pins in the same crossarm without any protecting guard. This crossarm was fifteen feet lower than that across Elmendorf street, making an angular rise, which subjected the insulators on this cross-arm to an upward strain. In such conditions there was a proved usage to secure the pin by nails, galvanized instead of common iron, also to protect against contact by an encircling metal loop as a guard if the pin should lift out. After this crossed wire was found they replaced the pin, but it had to be tied down to the crossarm. The finding of negligence as the
The judgment and the order, so far as appealed from, are, therefore, affirmed, with costs.
Present — Jenks, P. J., Thomas, Stapleton, Rich and Putnam, JJ.
Judgment and order, so far as appealed from, unanimously affirmed, with costs.
