Jacques, Admx. v. Dayton Power Light Co.

OPINION

By HORNBECK, PJ.

This is an appeal on questions of law from a judgment dismissing plaintiff’s second amended petition after a general demurrer had been sustained thereto. We hereinafter refer to the second amended petition as the petition.

Plaintiff’s action was for damages for the wrongful death of her husband who came to his death when a boom scoop came into contact with high voltage uninsulated wires maintained and operated by defendant.

The demurrer was sustained by the Common Pleas Judge upon the proposition that the amended petition of the plaintiff suggested his contributory…