Nelson v. Wolverine Petroleum Corp.

This is an action for wrongful death. Judgment was rendered on a directed verdict for defendant, and plaintiff appeals.

The deceased was employed by defendant as a pumper on one of its oil leases. He and his 14-year-old son were found dead inside a small stock tank located on the lease, apparently asphyxiated by the poisonous gases arising from the crude oil and other substances, commonly called basic sediment, then in the tank.

Plaintiff alleged that his intestate met his death while performing his duties in the course of his employment; that he was attempting to remove the basic sediment from…