Bell v. East River Electric Power Cooperative, Inc.

KONENKAMP, Justice.

A man constructing a metal building on his property was electrocuted when he came close to an overhead high power line. In its suit the Estate introduced a written agreement between the power company and the former property owner, a railroad, asserting the agreement made the power company legally responsible for the death. The trial judge declined to direct a verdict on liability and the jury ruled the deceased had assumed the risk. The Estate appeals and we affirm.

FACTS

In March of 1959, East River Electric Power Cooperative, Inc. (East River) executed a Pole and Wire…