Jurrus v. Toledo, Fostoria & Findlay Electric Ry. Co.

By the Court.

The amended petition contains the averment that said defendant “carelessly, negligently, wilfully and wantonly” maintained an uninsulated wire eighteen inches to two feet above the ground on defendant’s right of way and over and across said pathway for a distance of approximately one thousand feet in each direction from said path and said culvert.

The trial court required the plaintiff below to elect whether he would proceed upon negligence or wantonness. Electing to proceed upon negligence, the plaintiff was deprived of the privilege of going to the jury upon the question of…