Dornick Et Ux. v. Wierton C. Co.

Opinion by

Baldrige, J.,

This action is. to recover damages for the death of appellees’ son, seven years of age, caused by his falling into a reservoir on July 12, 1930, and drowning. The reservoir, 78 feet in diameter, is located on the side of a hill, and is owned and used by defendant. It is surrounded by a concrete wall, varying in height above the ground from a few inches to several feet. Immediately outside of, and extending 3 to 4 feet above, the concrete, is a barbed wire fence, with 5 to 9- -wires', depending- on the height - of the wall above the ground, attached to posts 7 feet 4…