Thomas' Admr. v. Eminence Distilling Co.

Opinion op the Court by

William Eogers Clay, Commissioner

Affirming.

*30Richard Thomas, at the time of his death, was an infant eight years of age. On May 25, 1911, he fell into Fox Run Creek. He died on September 15,1911. Charging that the defendants, The Eminence Distilling Company, Simon Weil and Charles Bright, unlawfully and negligently polluted and poisoned the waters of Fox Run Creek, and thereby caused the death of the decedent, A. W. Thomas, his administrator, brought this action to recover damages. At the conclusion of all the evidence, the court directed a verdict in favor of the…