C. C. McKinney v. Appalachian Electric Power Company, a Corporation

SOBELOFF, Chief Judge.

This is the plaintiff’s appeal from an adverse judgment in a suit for damages for personal injuries. It was docketed in a state court of West Virginia, removed to the federal court and there tried by the District Judge, no jury trial having been prayed as provided in Rule 38 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

While carrying a television antenna mounted on a ten-foot pole across the defendant’s non-exclusive right of way on a mountainside in West Virginia, the plaintiff was severely burned when the antenna brushed against the defendant’s uninsulated…