Smith v. Windsor Reservoir & Canal Co.

Mr. Justice Denison,

sitting for Mr. Justice Burke, delivered the opinion of the court.

The plaintiffs in error were plaintiffs below and demurrer to their complaint for negligently causing the death of their minor son was sustained. They stood by it and bring error. The only question is whether it stated a cause of action.

There is so much evidential matter in the complaint that it has been difficult to sift the wheat from the chaff and it well nigh defeats itself, but we think it states a cause of action. It shows these ultimate facts: The defendant owned and maintained a reservoir with an…