Pool v. City of Cushing

Archie Pool was driving an automobile in the nighttime in the city of Cushing. He ran into an electric light pole and was killed. His mother brought a death action against the city, which owned and used the pole in the operation of its municipally owned electric light plant, and against the construction company which had installed the pole pursuant to its contract of installation. The trial judge sustained the contractor’s demurrer to plaintiff’s evidence, and directed a verdict for the defendant city at the conclusion of all the evidence. The plaintiff appeals.

We first consider the…