Frazier v. St. Louis Smelting & Refining Co.

(after stating the facts). — The errors relied on by the learned counsel for the defendant in this case are to the overruling of the demurrer to the evidence, it being claimed that under the allegations of the petition it was essential to a recovery by plaintiff that he prove defendant permitted the wire to be covered over with mud, etc., which it is claimed he failed to do; that the court erred in overruling the demurrer for the further reason that the wire was not down a sufficient length of time before plaintiff came in contact with it to enable defendant to discover and repair the same…