Donoho v. Vulcan Iron-Works

Plaintiff, a boy eleven years of age, sues for damages on *448account of the falling of a bank of earth upon him in Clay Street in the city of St. Louis. The street had not been graded or paved, and the defendant Vulcan Iron-Works had for several years been obtaining sand from it by excavations which left standing the bank of earth referred to. The petition alleges that by the negligence, of defendant’s servants in undermining and in leaving the bank without proper safeguards, it was caused to fall, whereby the plaintiff was seriously injured. The plaintiff’s testimony tended to prove that the…