Cobb v. Lowe Mfg. Co.

BOULDIN, Justice.

The action is under the homicide statute (Code 1923, § 5696), the father suing for damages because of the death of his minor son. The trial court gave the affirmative charge for defendant.

Defendant, Lowe Manufacturing Company, maintained a drainage ditch for surface waters through its properties. It appears to have been a natural drain for this and other properties, enlarged and kept open by said company to better effect such purpose.

This drain crossed Ninth avenue, a public street or roadway in the Mill village, some 70 feet wide, including sidewalk and driveway.

Defendant…