Illinois Central Railroad v. Carraher

This was an action on the case, brought by Peter Carraher, in the Alexander Circuit Court, against the Illinois Central Railroad Company. The grounds of recovery are, that the company knowingly permitted a well to remain uncovered on their right of way, and that appellee rode his mule into it, whereby the mule was killed, and he sustained loss and damage thereby. The evidence shows that appellee did ride his mule into such a well, situated about fifty feet from the track of the road, and that it was killed. The evidence does not seem to establish the fact that the well was on the right of way…