City of Menard v. Coats

HALE, Chief Justice.

The appellee, a minor, by his mother as next friend, filed this suit against the city of Menard and the Menard Irrigation Company to recover damages which it is alleged the plaintiff sustained in an irrigation ditch near the courthouse in the city of Menard.

The facts are, briefly stated, that the irrigation company had a canal about eighteen feet wide and about five feet deep which ran through the city of Menard and through the courthouse square. Some one had created a park there and as part of the improvements had erected a large water wheel about twenty feet in diameter,…