Indiana Supreme Court March 13, 1908, No. 21,229 (Indianapolis Water Co. v. Harold)

Montgomery, J.

1. Appellee brought this action to recover damages for the wrongful death of his minor son. The allegations of the complaint are, in substance, as follows: That appellant is a corporation organized under the laws of Indiana, and owns and controls a body of water known as “the canal,” extending from the town of *171Broad Ripple into the city of Indianapolis, and used for the purpose