Tucker v. Draper

Sedgwick, C.

The plaintiff sued as administrator of his son, a child three years and three months of age, who was hilled by falling into a well on the premises of the defendant. There was a trial with a jury and verdict for the plaintiff. The defendant’s motion for a new trial was overruled and judgment entered on the verdict. - The case is brought here upon petition in error.

The defendants insist that the petition was insufficient, and that the general demurrer thereto ought to have been sustained by the court. And the first ground of this objection is that as the accident occurred on the…