Cole v. Mayne

PHILIPS, District Judge.

This case has been submitted on demurrer to the petition. The substantive averments of the petition, inter alia, are that the plaintiffs are the only surviving heirs (minor children) of Marion I. Cole, who died from injuries received in a lead and zinc mine of the defendant at Joplin, Mo. The petition avers that the mother of the plaintiffs, the first wife of the said Marion I. Cole, was divorced from him - years before his death; that he was afterwards married to one Mary Jane'-, who survives him as his widow; that said Mary Jane Cole, before and up to the time of the…