Frye v. Elrod

The opinion of the Court was delivered by

Mr. Justice Bonham.

This action is brought to recover damages for the alleged wrongful death of the plaintiff’s child, which it is alleged was caused by the falling of a pile of stacked lumber owned by the defendant Elrod, and stacked on the premises leased by C. M. Triplett. The complaint alleges the things necessary to set forth a cause of action under Lord Campbell’s Act. It also alleges that the defendants negligently, recklessly, and willfully placed, or caused to be placed, and maintained, piles of lumber near the home of plaintiff, which were…