Cudney v. United Power & Light Corp.

The opinion of the court was delivered by

Thiele, J.:

■ This appeal presents the question of who may maintain an action for damages for wrongful death, and arises out of the following circumstances:

In the year 1927 one E. W. Cudney erected a radio aerial between his house and a windmill which stood at a distance across an alley from his house. In 1928 the defendant company extended its lines along the alley. On July 30, 1931; Cudney started to take down the aerial by loosening the end at his residence so that it fell on the electric power line. He then climbed upon the windmill, where he came…