Hughes v. Hannibal & St. Jo. R. R.

— This was an action to recover the value of a heifer accidently drowned in an abandoned tank or well, situated in the open prairie in Macon county, upon the line of defendant’s right of way, four feet eight inches of its diameter being on the defendant’s land, and four feet thereof, on the land of the adjacent proprietor. -

The plaintiff bases his right to recover upon the all eged negligence of defendant in failing to enclose or cover said well. No statutory liability is imposed upon the defendant for injuries like the one complained of, although occasioned by its failure to erect and…