Zurich Insurance v. Coachella Valley Home Telephone & Telegraph Co.

Plaintiffs appeal from an order granting defendant’s motion for a new trial.

The action was instituted to recover damages for dhe wrongful death of Frank Darcy alleged to have been caused through the negligent maintenance by defendant of certain telephone wires. Defendant’s answer denied any negligence on its part in the maintenance of the telephone wires and in addition alleged that the proximate cause of the injuries which resulted in the death of Frank Darcy was the negligence of the deceased.

The evidence produced during the trial showed that on July 13, 1928, Frank Darcy was riding upon a…