Mayes v. Union Carbide & Carbon Corporation

Given, Judge:

Plaintiff, Charles W. Mayes, as administrator of the estate of Shirley Mayes, instituted his action in the Circuit Court of Fayette County against defendant, Union Carbide & Carbon Corporation, for damages for the drowning of Shirley Mayes, alleged to have resulted from negligence of defendant. The circuit court sustained a demurrer to the declaration and dismissed the action.

The declaration is in three counts. The first count charges that defendant, at the time of the drowning of Mayes, was the owner and operator of a dam on New River used for impounding and diverting waters…