Arnold Hashtani v. Duke Power Company, a Corporation of the State of North Carolina

DONALD RUSSELL, Circuit Judge.

The plaintiff-appellee, in the company of his twin brother and another companion, determined to climb to the top of a forty-five foot steel tower. The tower consisted of four legs, bound together by steel crossbars, diagonally placed, and supporting three high-voltage electric transmission lines. When plaintiff’s twin reached the top of the tower, after being there for about a minute, he heard a buzzing sound. He looked down and a “big orange flash” blinded him momentarily. When his eyes cleared he saw the plaintiff below balancing on a crossbar on the outside of…