American Veterinary Laboratories v. Campbell Paint & Varnish Co.

This is an action for wrongful death. There was a verdict and judgment in favor of plaintiff in the sum of $5,000 and defendant has appealed.

The facts show that about 4:10 P. M. of November 19, 1927, one Harry Melburn Rainwater, a minor fifteen years of age, came to his death upon an elevator owned by the defendant. Deceased was employed by the plaintiff and the suit is brought under the provisions of section 3309, Revised Statutes 1929, being the subrogation section of the Workmen’s Compensation Act. Plaintiff claims the right to maintain this action by virtue of having paid the parents of…