Roberts v. City of St. Marys

The opinion of the court was delivered by

Benson, J.:

The plaintiff, Mary Roberts, sued to recover damages for the death of her husband through the alleged negligence of the defendant city in allowing-a windmill, a part of the municipal water-works system,, upon which he was at work for the city, to become defective and dangerous, thereby causing his death. The city admitted the ownership of the structure, and that1 Mr. Roberts was killed by falling from it, but denied that he was in its employ, and pleaded contributory negligence.

The evidence tended to show that the windmill was and had been…