Windsor Reservoir & Canal Co. v. Smith

Elbridge H. Smith and wife had a verdict and judgment against the company, plaintiff in error, for negligently causing the death of their son, seven years old, and the company brings error. .

A demurrer' to the complaint was sustained. We reversed that decision. Smith v. Windsor Res. Co., 78 Colo. 169, 240 Pac. 332, q. v. The defendant then answered and the case was tried.

We held that the complaint stated a cause of action in that it alleged that the defendant owned and maintained an outlet ditch, 45 feet deep, with water 22 feet deep and with a false bank of sand which had been blown in by…