Anderson v. Highland Lake Co.

(after stating the facts as above).

The trial court thought the question as to the liability of the lake company to appellant Anderson for damages he suffered should be determined with reference to rules of the common law, and instructed the jury accordingly, telling them, in effect, to find for the lake company unless they believed it was guilty of negligence which was a proximate cause of such damages, in either the way it constructed the dam or the way it maintained it.

Appellants’ insistence in the trial court, renewed here, was that the question was not so determinable, and that it should…