Hoxsey v. St. Louis & Springfield Railway Co.

Mr. Presiding Justice Philbrick

delivered the opinion of the court.

This is an action brought by plaintiff, appellee, against defendant to recover for injuries alleged to have been received by plaintiff by reason of coming in contact with a telephone wire which had fallen across a trolley wire owned by defendant, upon which a highly dangerous current of electricity was conducted in the operation of its electric cars. Plaintiff recovered a judgment against defendant for thirty-five hundred dollars, from which it prosecutes this appeal.

The declaration contains but one count which, after a…