Duncan v. Derry Electric Co.

The test to determine the validity of the defendants’ first exception is to inquire whether there is any evidence tending to sustain the plaintiff’s contention that the cross arm was decayed and that that caused the wires to sag. Several witnesses testified that the cross arm was more or less decayed as well when the accident happened as when it was removed from the pole, and one witness testified that it was so much decayed that it was noticeable from the ground soon after the accident. There were also the pieces of wood taken from the cross arm when it was removed from the pole.

In fact it…