Southern Railway v. Owen

Opinion op the Court by

Judge Carroll

Reversing.

In September, 1912, Harry Owen, a little boy about four years old, was walking from a store conducted by Ms mother in Shelbyville, Ky., to her residence, a short distance away. In going between these places he crossed -the railroad track of the appellant company close to an elevated water tank owned by the company, and when he was near the tank, which was full of water, it burst and the water contained in the tank escaped in a large volume and with considerable force. Harry was caught and carried about thirty feet by the flood of water that…