Wroth v. McKinney

The opinion of the court was delivered by

Robb, J.:

This is an appeal in a wrongful death action from the order of the trial court overruling defendant’s demurrer to plaintiff’s petition.

The petition alleged plaintiff resided at 2526 Kentucky street, Topeka, that defendant resided on Rural Route No. 1, Pauline, and in pertinent part further alleged:

“IV.

“That plaintiff was employed by defendant on the 13th day of September, 1958, to do certain plumbing work at defendant’s residence.

“V.

“It was the custom of plaintiff to bring his 4 year old son, Andrew, with him when working at defendant’s…