Banchetti v. C. K. Williams & Co.

On the trial of this action defendant had a verdict, and plaintiff moves for a new trial. On the 14th day of September, 1909, plaintiff’s intestate, while working for defendant undermining a bank of dirt, was injured by a portion of the bank falling on him, causing injuries from which he died. Plaintiff was appointed administrator of his estate on the 8th day of September, 1912; and this action for damages because of such death was commenced two days later.

At the time the accident occurred, and when the cause of action, if any, accrued, it was incumbent upon plaintiff to establish the…