Koke's Admr. v. Andrews Steel Co.

Opinion of the Court by

Chief Justice Hobson—

Affirming.

Herbert Koke, a boy about fifteen years old, was killed while in the service of the Andrews Steel Company and this suit was brought to recoved foir his death. On the trial of the case the plaintiff offered to file an amended petition. The defendant objected on *628the ground that it set up a different ground of recovery from that asserted in the original petition. The circuit court refused to allow the amended petition to be filed. The case was then tried and at the conclusion of the- plaintiff’s evidence the court instructed the jury…