Smith v. Windsor Reservoir & Canal Co.

This is an action by parents for damages because of the death of their minor son by drowning in an outlet ditch owned and used by the defendant in error in connection with a reservoir. The court directed a verdict for the defendant in error, overruled a motion for new trial, and entered judgment on the verdict. From that judgment the plaintiffs prosecute this writ, the substance of their assignments of error being that the evidence warranted submission of the issues to the jury.

The case has been here twice before. Smith v. Windsor Co., 78 Colo. 169, 240 Pac. 332; Windsor Co. v. Smith, 82…