Walmsley v. Rural Telephone Ass'n

*140The opinion of the court was delivered by

Dawson, J.:

This is an appeal from a judgment awarding-damages to plaintiff for injuries sustained through the alleged negligence of defendant in the maintenance of its telephone wire across a public road. ' .

The plaintiff was riding on a low iron-truck wagon and hay-rack with a large steel grain bin loaded thereon. He carried a loaded rifle and was standing on the right front end of the hayrack. Plaintiff’s servant was driving the team of horses at a walking pace. The telephone wire across the highway hung so low that it caught the grain bin and caused…