Opinion
No. 29190
Decided June 24, 1942.
Negligence — Pole carrying high tension wires located in ditch along highway — Knocked over by road grader and tractor — Operator of tractor killed while removing wires — Judgment reversed by Court of Appeals on ground decedent a trespasser — Duty to refrain from wilfully and wantonly injuring — Necessity of pleading trespass as affirmative defense — Right to trial by jury.
APPEAL from the Court of Appeals of Hardin county.
Mr. Roy Warren Roof, for appellant.
Messrs. Strelitz, Dowler Wiedemann, for appellee.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.