Deaton's Adm'r v. Kentucky & West Virginia Power Co.

Opinion op the Court by

Judge Pulton

— Reversing.

In this action filed by the appellant to recover damages for tbe wrongful death of his decedent, Paul Deaton, who was killed by coming in contact with one of appellee’s power lines while climbing on a tower supporting the line, the trial court directed a verdict for the appellee at the conclusion of appellant’s evidence. Prom the judgment entered on that verdict this appeal is prosecuted.

The tower in question, located across the river about one mile from Chavies, an unincorporated village in Perry County, was 30 or 35 feet from a county road. The…