Devine v. Heckman

The opinion of the court was delivered by

Dawson, J.:

This action for damages was brought on behalf of a small boy who fell into an abandoned cesspool located on a town lot belonging to defendant.

The facts were these: Defendant owned a house and lot in Kansas City. Formerly there was situated at the rear of this lot a privy which set over a brick vault or cesspool some twelve or fifteen feet deep and five or six feet in diameter, narrowing to an opening at the top about two feet across and rising a foot or more above, the level of the ground. The privy had been removed and the opening into the…