Brown

The action was for damages for the death of one Marcellus Brown, alleged to, have been caused by the negligence of the defendant. The trial was by a jury, the verdict was in favor of said defendant, and from the judgment entered thereon the appeal has been taken.

The particular ground of complaint is declared in the following allegations: “That the defendant is now, and was at all times herein mentioned, the owner and in possession of certain flume conduit, or structure built of wood, used, owned, and operated by the said defendant for irrigating purposes.

“That on or about the 4th of March, 1914, the deceased Marcellus Brown, while regularly employed by the aforesaid defendant, and while caring for and attending the aforesaid flume of the defendant pursuant to the performance of his duties while in the actual employ of the said defendant, came to his death on the day last aforesaid, by falling from the said flume or conduit, the said fall being the proximate cause of the death of the said deceased.

“That the fall was sustained through and by reason of-the negligence of the defendant in failing to make, build, prepare or provide a proper walk, footpath or passage over and upon…