Daly

This action was brought by the administratrix of the estate of Stewart Daly to recover damages for the injury and death of said Stewart Daly. It is alleged that on August 24, 1928, the deceased received an injury from which lie died four days later. At the time that he received the injury he was eleven years and eight months old. At the time deceased was injured he was assisting in the removal of an old refrigerating plant from the basement of the appellant’s packing plant in Butte, Mont., and was injured as the result of the sudden starting of the elevator, which capsized a segment of a flywheel of the old refrigerating plant which was awaiting transportation in the elevator. The section of the flywheel struck the deceased upon his foot and injured it so that four days later he died.

At the instance of the appellee the trial court instructed the jury that by reason of the violation of the Child Labor Law of Montana the appellant was liable for the injury and death of the decedent, leaving to the jury only the question of the amount of damages to be awarded to the estate. No exception was taken to this instruction. The appellant moved for a nonsuit and claims the right to review…