Legal Opinion

Klepsch v. Donald

Washington Supreme Court

Decided June 23, 1892No. 455PublishedCited by 19 opinions

Appeal from Superior Goui t, Spokane Gounty. Action by Theresa Klepsch, as administratrix, against the defendants, who were partners nnder the firm name of Donald, Smith & Howell, to recover damages in the sum of $5,000 for the death of her husband, George Klepsch, alleged to have been caused by the negligent explosion of a blast on the part of defendants and their servants.

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Appeal from Superior Goui t, Spokane Gounty. Action by Theresa Klepsch, as administratrix, against the defendants, who were partners nnder the firm name of Donald, Smith & Howell, to recover damages in the sum of $5,000 for the death of her husband, George Klepsch, alleged to have been caused by the negligent explosion of a blast on the part of defendants and their servants. The jury returned a verdict in favor of plaintiff for the sum of $5,000, and from judgment thereon defendants appeal.

1Opinion of the Court

*437The opinion of the court was delivered by

Stiles, J. —

The respondent, plaintiff below, was the wife of the deceased, George Klepsch, who died from wounds inflicted by the fall of a rock thrown through the roof of his house by a blast alleged to have been fired by the appellants, within the city of Spokane Falls.

The material portions of the complaint were as follows:

“5. That the defendants by their negligence, imprudence, carelessness and wrong conduct,and the carelessness and negligence of their agents and servants so carelessly and negligently used and managed the giant powder and other…

2Cases cited17 opinions

  1. Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
  2. Losee v. . BuchananNew York Court of Appeals · 1873
  3. Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
  4. Heeg v. . LichtNew York Court of Appeals · 1880
  5. Hurst v. Detroit City RailwayMichigan Supreme Court · 1891

12 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Cashin v. Northern Pacific Railway Co.Montana Supreme Court · 1934
  2. Bedell Et Ux. v. GoulterOregon Supreme Court · 1953
  3. Lynch v. Ninemire Packing Co.Washington Supreme Court · 1911
  4. Beall v. City of SeattleWashington Supreme Court · 1902
  5. Foster v. Preston Mill Co.Washington Supreme Court · 1954

14 more not listed; retrieve them via the Exa API.

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