Windsor Reservoir & Canal Co. v. Smith

Plaintiff in error is hereinafter referred to as the company, defendants in error as plaintiffs, and their deceased son as John.

On a portion of the company’s irrigation reservoir and outlet ditch was a so-called “false bank,” composed of ice, covered by blown sand. The condition occurred annually. As the ice melted this bank weakened and finally gave way. Thus, while playing thereon, John, then seven years of age, was precipitated into the water and drowned. Claiming under sections 6303 and 6304, page 1646', C. L. 1921, plaintiffs sued the company for $5,000 damages for that death, which they…