Walters v. Appalachian Power Co.

Williams, Judge:

This action grows out of the same act of alleged negligence by which William Morrison received a personal injury and, on account of which, he sued and recovered a judgment against this defendant] which was recently affirmed by us on writ of error granted to defendant. Morrison was driving a team along a narrow' public road, walking beside his horses. As he was going up a hill he stopped to rest his team, and, *678seeing the end of a broken telephone wire lying across the ditch and extending into the roadway, and thinking it might become entangled in the wheels of his wagon, and…