Smyke v. State

Judgment reversed on the law and facts, without costs of this appeal to either party and claim dismissed. Certain findings of fact disapproved and reversed and new findings made. Memorandum: Decedent, of the age of three and one-half years, was drowned in the "feeder” at the Caledonia fish hatchery. The body was found at the dam of the “ feeder ”, but there is no proof as to where he fell into the water. The “feeder” flows from the creek on the hatchery grounds a distance of six or seven hundred feet to the dam where the depth of the water is controlled by flashboards. The average depth of…