Richardson v. El Paso Consolidated Gold Mining Co.

On July 2, 1907, Allen Richardson, Jr., a boy of nine years, was killed by falling down a shaft belonging to the El Paso Consolidated Gold Mining Company. His parents brought suit to recover damages based upon the ground that the negligence of the defendant caused the death of their son. At the conclusion of the testimony the defendant moved the court to instruct the jury to return a verdict in its favor for the reasons:

“First: Because the pleadings are not sufficient to support a judgment in favor of the plaintiffs or either of them; and

Second: Because the evidence is not sufficient to…