Jelly v. Pieper

The defendant is the owner of a rook quarry on a lot adjoining Carr Lane street in the city of St. Louis. He made an excavation on the lot about eighteen or twenty feet deep, which extended to the line of the street. On the night of the twentieth of August, 1887, plaintiff’s horse fell into this excavation from Carr Lane street. The animal was so injured by the fall, that it had to be killed. In this action the plaintiff sued for its value, and he recovered a judgment for $87.50. The defendant has appealed.

The negligence, which was stated in the petition, and upon which'a recovery was had,…