Page:Federal Reporter, 1st Series, Volume 7.djvu/710

FEDERAL REPORTES. �proof creating a liability against the defendants therefor. It isBot shown that insurance -would havebeen effected upon the steam saw-mill at anything like rates that would jos- tif y Insurance, and it is not shown that its loss by fire waa the resuit of any negligence or want of that degree of prudence which a prudent man would exercise in reference to his own property. ���EoAOH, Adm'r, ». Imperial Mining Co. �[Gireuit Court, D. N^evada. June 6, 1881.) �1. StATXJTE CONBTHXIED— DffiAiTjH BT, WBONaFUL ACT — KiNDKED— �PUEADING. �It is nqt indispensable that a complaint, drawn to recover damagea for death by wrongful act, under the statuts of Kevada, should set forth that there are klndred aamed iu the act. There may be a recovery without. �2. 8amb. �But if proof is to be given of injury to kindred, the facts must be averred. �3. SAliB. �Under that statute it is imraaterial whether the death of the injured party is immediate or cousequential. �Demurrer to complaint. �Lindsay e Dickson, for plaintiff . �B. C. Whitman, for defendant. �HiLLYEK, D. J. This action is brought under a statute of Nevada requiring compensation for causing death by wrong- ful act, neglect, or default. The objections taken are — First, that the complaint is ambiguous and uncertain; second, that there is no allegation that the plaintili's intestate left kindred named in the statute; and, third, that it is alleged that the injury caused the immediate death of the person injured, and there can be no reoovery. In regard to the first point there certainly seems to be some ambiguity in the averments con- ceming the distance the cage feli in the shaft. The shaft is alleged to be 2,800 feet deep. The cable is alleged to ��� �