Batesell v. American Zinc, Lead & Smelting Co.

RAILEY, C.,

(dissenting’).- — On November 17, 1914, Clara and Norvell Batesell, minors under the age of fourteen years, brought this suit through their guardian and curator, in the circuit court of Jasper County, Missouri, to recover of defendant the sum of $7000, as damages, alleged to hafie been sustained by them on account of the' death of their father, who was killed in defendant’s lead-and-zinc mine in said county, on the evening of August 21, 1912, by the explosion of what is denominated at the trial as a “boulder pop.” The case was tried before a jury, and at the conclusion of…