Bailey v. Kelly

The opinion of the court was delivered by

Porter, J.:

On October 4, 1909, the daughter of the plaintiffs, a girl of sixteen years, was drowned in a cistern on premises belonging to the defendant. At the time of the accident she was a servant in the employ of persons who occupied the premises as tenants of the defendant. The parents sued the owner of the property to recover damages upon the ground that he was negligent in permitting the cistern to be and to remain with a dangerous and insecure covering. The court sustained a demurrer to the evidence and the plaintiffs appeal.

In the rear of the…