St. Joseph Lead Company, a Corporation v. Perry Prather and Maggie Prather

STONE, Circuit Judge.

This is a suit by the parents of Hubert. Dale Prather (between sixteen and seventeen years old) claiming damages for his death caused by an explosion of dynamite blasting caps owned by defendant and stored in a magazine building located on land of defendant in Missouri. From a judgment on the verdict, defendant appeals.

The amended petition was based on the claim that the explosives so stored were a public nuisance; and, “In the alternative”, that defendant was negligent. Defendant denied the nuisance and the negligence charges. Also, it pleaded that the son (Hubert) and…