63 P. 595 | Idaho | 1900
This is an action brought by the respondent to recover for the death of his minor son, alleged to have been drowned in the canal of appellant by reason of its carelessness and negligence in constructing and maintaining a walk across said canal. The cause was tried before a jury, and a verdict was rendered in favor of the respondent for the sum of $1,975, and judgment entered for that amount. A motion for a new trial was denied. This appeal is from the judgment and order denying a new trial. It is shown that the appellant constructed a foot bridge in question for its own use and convenience. It was not intended for public use, but for the exclusive use of appellant. The bridge was constructed in a manner suited to the purpose for which it was intended. There was no secret mechanism connected with it. Nothing about it was loose or changeable. It was built on the upper side of one of appellant’s headgates in said canal. Between the bridge and headgate was a space nine and one-quarter inches in width, left there for the purpose of breaking the ice away that gathered there. The floor of the bridge was composed of three planks laid lengthwise across said canal, and made a solid floor three feet and eight inches wide. It had been in that condition for about four years. It appears from the record that the deceased was a boy about nine years of age, and that he and a playmate by the name of John Pierpont were playing about an old shack situated about seventy-five feet from the bridge in question. The boy Pierpont testified that he and the deceased were sitting in the door of the shack eat