Hale v. Montana-Dakota Utilities Co.

GARDNER, Chief Judge.

This appeal is from a judgment for defendant entered on a directed verdict. The parties will be referred to as they appeared in the trial court. Aside from jurisdictional allegations plaintiff alleges, so far as here material, that “on or about May 26, 1949, at a point in Corson County, South Dakota, defendant had negligently constructed and negligently maintained and operated its electrical transmission lines so as to inflict upon plaintiff an electrical shock thereby seriously and permanently injuring him.” The defendant’s answer, so far as here material, admitted the…