Zuber v. Clarkson Construction Co.

YAN OSDOL, O.

Plaintiffs, the infant children of John Stanley Zuber, deceased, instituted this action against defendant seeking the recovery of $15,000 for tbe wrongful death of their father.

Defendant, Clarkson Construction Company, filed its motion to dismiss plaintiffs’ petition on the ground the petition failed to state a claim upon which relief could be granted against defendant. The trial court sustained defendant’s motion and entered a final judgment of dismissal. Plaintiffs have appealed.

Plaintiffs in stating their claim alleged in their petition that on and prior to May 29, 1949, the…