Mrs. Thomas Floyd Allen, Etc., Aetna Insurance Company, Intervenor-Appellant v. Texas and Pacific Railway Company

GEWIN, Circuit Judge:

Appellants brought suit against the Texas & Pacific Railway Company (hereinafter, the Railroad) for the wrongful death of Thomas Floyd Allen who was electrocuted while erecting a sign on the Railroad’s right of way. The district court granted summary judgment for the Railroad. We reverse.

On 9 August 1967, decedent, an employee of Rainbo Sign Company, was a member of a crew erecting a billboard in the vicinity of Terrell, Texas, on the Railroad’s right of way. The sign was being located directly beneath high voltage transmission lines maintained by the-Railroad. Decedent…