"Come the plaintiffs and by leave of court first obtained, file this their second amended petition and state that at all times herein mentioned they were and are husband and wife respectively, and the father and mother of Clarence Anthony White, deceased, who at the time of his death was unmarried and an infant of the age of eighteen years; that the defendant was and is a business corporation duly organized as such, and having its office and place of business in St. Francois County, Missouri.
"For their cause of action against defendant plaintiffs state that on and prior to February 28, 1933, the defendant owned and operated in said St. Francois County a lead mining plant, consisting of buildings, mills, machinery, shafts and an electric power plant with a system of poles and wires erected for transmitting electric power in
and about said plant; that on or shortly after the date last aforesaid, defendant ceased said mining operations and announced its purpose to discontinue permanently the operation of said plant and to wreck and dismantle and dispose of all said buildings, machinery, power plant, poles, wires and other property in and about said plant, and proceeded so to do.
"Plaintiffs further state that a part of the buildings and equipment aforesaid, at the time aforesaid, consisted of what was known as a chat conveyor building made up of several contiguous sections number 8 to 25, both inclusive and Junction house No. 34 and was used for conveying chat from the bottom to the top of a large chat dump at said plant, and was equipped with machinery, electric wires, and other equipment for the purposes aforesaid; that passing over the roof of what was known as Junction house No. 34 of said chat conveyor building, and within about forty inches of said roof, and where persons rightfully upon said roof would likely come in contact therewith and be killed, as defendant knew, or by the exercise of proper care should have known, were six uninsulated, high tension electric wires which defendant had maintained and used for conveying a heavy and deadly voltage of electricity from its said power plant to shafts No. 7 and 8 of its lead mines.
"Plaintiffs further state that in March and April, 1933, defendant sold to the co-plaintiff, Charles B. White, certain sections of said chat conveyor building, including said Junction house No. 34 with the understanding and knowledge that he alone, or with others, shortly thereafter would wreck and remove said Sections from defendant's said premises, and shortly thereafter said co-plaintiff with his two sons, the said Clarence Anthony White and Clyde White, went in and about the sections purchased by him, as aforesaid, and began to wreck and remove the same, and continued thereat until the death of said Clarence Anthony, as hereinafter mentioned, all of which defendant knew, or by the exercise of proper care should have known.
"Plaintiffs further state that while wrecking and removing said Sections and before the death of said Clarence Anthony White, defendant closed down its said electric power plant, discontinued transmission of electric power over said high tension wires, and proceeded to dismantle and remove the electric poles, wires and electrical equipment in and about said plant, and continued so to do until the death of said Clarence Anthony, at which time defendant had dismantled and removed all but three of said high tension wires, and plaintiffs say that said Clarence Anthony at and for a long time prior to his injury and death had notice and knowledge of all the facts and matters aforesaid.
"Plaintiffs further state that thereafter and a few days prior to the injury and death of said Clarence Anthony White, without warning to him, and without his knowledge, defendant resumed the use of said three high tension uninsulated wires for the transmission of a deadly voltage of electricity thereover, and continued the transmission thereof over said wires, while he, the said Clarence Anthony was engaged in work in and about said Junction house No. 34 of said building, and in close and dangerous proximity of said wires, as defendant knew, or by the exercise of proper care should have known and on June 5, 1933, while rightfully upon the roof of said Junction house No. 34, in pursuit of his employment, in the exercise of ordinary care for his own safety, and unaware that the use of said wires had been resumed, as aforesaid, and were then charged with said deadly voltage of electricity, he came in contact with one or more of said wires, as the result of which he was instantly burned, shocked and precipitated from said roof to the ground and killed.
"Plaintiffs further state that under all the facts and circumstances as above stated, defendant was in duty bound to exercise the highest degree of care to prevent injury to said Clarence Anthony in the manner and by the means aforesaid, while he was engaged in his work upon said Section of said building; nevertheless, defendant failed and neglected so to do in respects as follows: First, in maintaining said uninsulated wires charged as they were with a deadly voltage of electricity, so near the roof of said building, while said Clarence Anthony was engaged in work upon said roof, that he would likely come in contact therewith and be killed, as defendant knew or by the exercise of the degree of care aforesaid, would have known; Second: In failing to give timely warning to said Clarence Anthony of the use, or intended use of said wires for the transmission thereover of said electricity, while he was engaged in work upon said building, when defendant knew, or by the exercise of the degree of care aforesaid, would have known its failure to so warn
would endanger the life of said Clarence Anthony; Third: In failing to discontinue the use of said wires for the transmission of said electricity thereover while said Clarence Anthony was engaged in work upon said building, when defendant knew, or by the exercise of said degree of care would have known that said failure would likely result in the death of said Clarence Anthony.
"Plaintiffs further state that defendant's negligence and failure to perform its duties, as aforesaid, was the direct and proximate cause of the death of said Clarence Anthony White, and by reason of his death, as aforesaid, the plaintiffs were required to expend a large sum of money, to-wit: Three Hundred Dollars ($300.00) for funeral and burial expense of the said Clarence Anthony White, and in addition thereto they have been deprived and will be deprived of his wages and earnings during his minority, to their damage in the sum total of Three Thousand Dollars ($3000.00), for which sum, together with their costs herein, they pray judgment against defendant."
"Comes now the defendant, leave of Court first having been had and obtained and files this its first amended answer to plaintiffs' second amended petition filed herein, and denies each and every allegation therein set forth and contained.
"Defendant further answering states that on April 6, 1933, co-plaintiff, Chas. B. White, purchased of and from the defendant the said chat conveyor building described in said plaintiffs' petition `as is and where is'; that from and since said date aforesaid the said chat conveyor building became and was the personal property of co-plaintiff, Chas. B. White, for his exclusive use, control and benefit; that on April 6 and at all times subsequent thereto the three wires described in plaintiffs' petition ran over said building; that said wires were constructed and maintained by the defendant on April 6, and for many years prior thereto for the exclusive use and benefit of the defendant in its business; that said wires were constructed and maintained by the said defendant for the specific purpose of its business in mining and as such were not dangerous to anyone employed in and about said plant of defendant or rightfully upon the property of said defendant; that on April 6, 1933, the co-plaintiff, Chas. B. White, was employed by the defendant herein as its carpenter foreman and as such was, on April 6, and at all times subsequent thereto, and for many years prior thereto personally familiar with the location, arrangement, and use and purpose of said wires described in plaintiffs' petition aforesaid; that on April 6, 1933, and at all times subsequent thereto, co-plaintiff Chas. B. White, knew or by the exercise of ordinary care should have known that said electric wires aforesaid conveyed electric current of deadly voltage and that...
