Todd v. Cochell

Baldwin, J. and Field, C. J. concurring.

This is an action for injuries to a garden, occasioned by the breaking of a reservoir. On the trial of the case, the Court instructed the jury, that to entitle the plaintiff to recover, it must appear that the breaking of the reservoir resulted from the gross negligence of the defendants. This instruction, considered by itself, was no doubt erroneous; but the Court proceeded to explain what was meant by gross negligence in such a manner that the jury could not have been misled. They were told that the defendants must have taken the same care of their…