Dolata v. Ohio Edison Co.

The Ohio Edison Company seeks to reverse the judgment rendered against it by a trial jury. Appellant argues that errors occurred during the course of the trial proceedings and that such errors were prejudicial in nature. Appellant’s contentions are as follows:

“1. The maintenance of an electric line 30 feet above the ground running through a tree at said height, said height being substantially in excess of the minimum vertical clearance prescribed by the National Electric Safety Code, breaches no legal duty to a person climbing in said tree.

“2. In an action for wrongful death, expert opinion…