McCleod v. Tri-State Milling Co.

This is an action brought by John M. McCleod as special administrator against the Tri-State Milling Company to recover damages for the death of his son John, four years of age, who was drowned on June 4, 1943, in a canal maintained by the defendant.

There is no substantial conflict in the evidence. From the record, it appears that an ordinance known in the record as “Exhibit 1” was enacted in August, 1889, by the city council of Rapid City granting to the Rapid River Milling Company the right to excavate a canal across arid along the streets therein named. It requires that the canal “be boxed…