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Show Power Company Wins Damage Suit i ! Damage suits which were brought by Edward Thompson and George j A. Chillies of Beaver City, against ! the Telluride Power company, and ' which were on trial for several days , in the United States district court j at Salt, were terminated last week when Judge Tilman D. Johnson di-, di-, rected a verdict in favor of the Telluride Power company in both cases.- Judge Johnson held thai plaintiffs had failed to make a showing that would justify submitting submit-ting the case to a jury. In both cases the plaintiffs were j suing for $130,207 on account of ih-' ih-' juries from electric burns received June 20th, 1926, by plaintiff's boys, who were on their way on horseback, horse-back, from a fishing stream, to another, an-other, when thev digressed from the beaten trail to go up on a canal bank. The boys were carrying steel fishing fish-ing rods on their shoulders, two of the' boys riding one horse and one boy on another horse. One of the boys, holding his fishing rod in a vertical position, made a contact ; with the 44,000-volt line belonging to the Telluride Power company, at a place where the line crossed the canal. The route of travel, it was shown,, had not been used as a crossing for some twenty years or more. The court held that since there was no showing of a road or trail along the canal bank which the public pub-lic was entitled to use. or that any other condition existed that would make it a duty of. the Power company com-pany to expect such an unusual occurence oc-curence to come, there should be no liability imposed upon the company for such an accident. Judge Johnson therefore directed the jury to find in favor of the Power Pow-er company and such was done. |
