Murray v. Empire District Electric Co.

The,opinion of the court was delivered by

Marshall, J.:

The plaintiff obtained judgment against the defendant for wrongfully causing the death of her husband, J. A. Murray. ,The defendant appeals.

The defendant operated a dam across Spring river near Lowell, in Cherokee county. The dam was used for impounding water to generate electricity, and was about thirty feet high and four hundred feet long. It held an effective head of water twenty-four feet high. The water operated eight large turbine wheels, and was released through eight openings in the dam. J. A. Murray drove á team and wagon into the…