Plotzki v. Standard Oil Co.

The solequestion here presented is the correctness of the ruling of the trial court in sustaining a demurrer to appellant’s fifth amended complaint on the ground that the same did not state facts sufficient to constitute a cause of action.

This complaint is in one paragraph and is brought to recover for the wrongful death of Donald William Plotzki, son of the appellant. The complaint alleges that the said Donald William Plotzki died on June 16, 1944, at which time he was eleven years of age. That some time in the year of 1944 the defendant caused to be made an excavation on its real estate…