City of Gainesville v. Kirkland

An action for damages' against the city was brought under the hazardous occupation statute, Section 7058 (4971) Compiled General Laws, by the widow for the alleged wrongful death of her husband, an employee of the city, who fell from an electric light pole on which he was adjusting wires, alleged to have been caused by the defective condition of the pole. To the amended declaration there was a plea of not guilty. A plea held by the trial court to be a plea of contributory negligence was held good on demurrer thereto. A demurrer to the following plea was sustained:

“1. And for a First Amended…