Dunagan v. Appalachian Power Co.

ROSE, Circuit Judge.

The parties in this court occupy the same positions they did below. The plaintiff, a citizen of West Virginia, seeks to recover from the defendant, a Virginia corporation, damages for the death of her husband and decedent, who will be herein referred to by the latter appellation.

The defendant generates, distributes, and sells electricity. Its pole lines support, not only high voltage transmission and less heavily charged, but still deadly, lighting lines, hut the ordinarily innoxious telephone wires as well. They pass through or along the land of one of its customers, the…