City of Delphi v. Lowehy

Opinion of the court by

Mr. Justice Elliott.

The questions which this case present arise upon the ruling denying appellant’s motion for a new trial.

William A. Lowery, the appellee’s intestate, lost his life by drowning in the Wabash and Erie canal, at a point within or near the corporate limits of the city of Delphi. There was evidence tending to prove that the intestate’s death was attributable to the negligence of the appellant in failing to place barricades about the dangerous place, or to guard it by signals or warnings of danger. There was also evidence tending to show that it was the duty…