Atrops v. Costello

The opinion of the court was delivered by

Dunbar, C. J.

— This action was brought under § 139 of the Code of Procedure, wherein a father or, in case of the death or desertion of his family, the mother is author*151ized to maintain an action as plaintiff for the injury or death of a child, and a guardian for the injury or death of his ward. The action was brought by the father of Maggie Atrops, who was killed by a blast alleged to have been negligently and carelessly let off by the appellants.

It is contended by the respondent that the plaintiff in this action can recover punitive or exemplary…