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INTO COURT AGAINSecond Action Over Death ofBoy Begun,HENRY BURK PLAINTIFF/Defendants Recently; Sus** tained In Federal Court,Death of Seventeen-Year-Old Lad Furnishes Materia! for Much Litigation ; —Second Petition Similar to the Original One.Henry F, Burk, administrator of the estate of Harry O, Burk, the seven teen* year-old lad who died from the effects of drinking sulphuric acid, has again sought the courts In an endeavor to obtain judgment against tire Creamery Package Manufacturing company.With the jocal manufacturing con-cern, James Stout, salesman, is named as defendant, find the allegations setforth in K lengthy petition filed in the Blaekhawk county district court today are substantially the same as contain-ed in the original billDismissed In Federal Court.Th'e original aetfon-for damages begun in the district court was for $20-000 and was taken to' the federal court for hearing early in the year. The attorneys in the case contested the action vigorously before Judge Reed, who sustained the defendant's motion to take the case from the jury. He also sustained the plaintiffs in dismissing the action without prejudice, thus admitting of its rehearing in the district court.Boy Died in 1903.After detailing the business con ducted by the. Creamery Package com pany the petition recites the sal© ol a jug of sulphuric acid to F. A. Reidel proprietor oi‘ the Crane Creek cream cry on .January 2G, 1903, by 'Jumps Stout, an employe of tire concern.As will be remembered the jug was placed on a shelf in the Reidel cream-sry and Harry O, Burke, a young lac residing in that vicinity, on Februarj1903, while transacting business a tlio creamery mistook the jug 0f aellt; for buttermilk. He drank from thlt; contents and died in great agony tJn following day.Want $1,999 Damages.The plaintiff alleges, wegligence o the part of the defendants and th new petition follows closely along th line observed in the original documen To prevent the removal of the cas to the federal court the plaintiff ask for $1,999 damages.
Newspaper Details
Waterloo Daily Reporter
Waterloo, Iowa, US
Thu, Aug 18, 1904
Page 5
Full Page
Clipped by
Waterloo P.
IA, USA 18 Jun 2021
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