Cook v. American E. C. & Schultze Gunpowder Co.

*66The opinion of the court was delivered by

Pitney, J.

This is an action for death by wrongful act. The deceased, a boy less than thirteen years of age, entered defendant’s employ on August 21st, 1901, and was killed by an explosion on September 12th. At the time of the fatal occurrence he was working at common labor upon the defendant’s premises, at a place near to a small brick building known as the Little Magazine, designed for the storage of sample packages of sporting powders in manufactured form. The building had been out of use for some time, pending repairs which had just been completed.…