Pallanck v. Donovan

The complaint in each case alleged that Erma Pallanck, aged fifteen years, was employed by the defendants as a house girl and that, on October 9th, 1925, in performing one of her duties, that of emptying paper from a waste basket and burning it in the kitchen range, she was injured by the explosion of a shell loaded with gunpowder, which was in such basket, it was alleged, through the negligence of the defendants.

The defendants filed a plea to the jurisdiction and in abatement stating as grounds thereof that the defendants regularly employed five and more employees, and had not given notice…