Merrill

La Flower v. Merrill

Good Law
28 F.2d 784·1928 U.S. Dist. LEXIS 1536
United States District Court, Northern District of CaliforniaMay 28, 1928No. 444California2,999 words

Opinion

Lead Opinion

Sure, J.

Motion to remand an action for wrongful death by the widow and minor children of deceased against two employees and their foreign corporation employer. Paraphrasing, the complaint alleges that the employer is a Minnesota corporation transacting business in California; that the employee defendants were hired and employed by the corporation to search out and discover the possession, manufacture, sale, pr transportation of illicit liquor on or in the vicinity of the property of the employer, and to find out and discover any person or persons performing or suspected of performing any of the aforesaid acts, and were further employed to prevent the importation of alcoholic liquor into or upon the property of the employer, and the possession of liquor by or its sale to the tenants or employees of the employer; that the defendant employees, while so employed and engaged in performing such duties as servants, and within the scope of their employment, did, on. or about the 22d day of April, 1927, upon the premises of their employer, willfully, recklessly, wantonly, and unlawfully shoot and kill the deceased, the husband and father of plaintiffs. Their dependency upon deceased is alleged and…

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