Dillard v. Southwestern Public Service Co.

MOISE, Justice.

Plaintiff appeals from summary judgment for defendant utility in a case where plaintiff was injured when the boom on a well servicing truck being operated under plaintiff’s direction and control struck a high voltage line of defendant utility. We need not consider any question concerning any of the other named defendants.

The record in the case discloses the following facts which were presented by the pleadings, affidavits and depositions, available to the court in considering the motion for summary judgment of the defendant utility.

On April 17, 1960, plaintiff was in charge of…