Hargreaves v. Deacon

The plaintiff below sued as administrator of his son, a child of tender years, who was killed by falling into a cistern on the premises of plaintiffs in error, which had been, as was claimed, left uncovered. The case has been so presented in this court as to raise but one substantial question, touching the liability for such an injury occurring on pri-' vate property not immediately adjoining a highway, where the cistern was made for the lawful purposes of the owners, and the injury arose from its being left uncovered, and not from design to harm any one. There being some contradictory…