Johnson v. Dixie Mining & Development Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division Number One. — Hon. Joseph D. Perlcins, Judge. (1) The demurrer should have been overruled, because: First.
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Appeal from Jasper Circuit Court, Division Number One. — Hon. Joseph D. Perlcins, Judge. (1) The demurrer should have been overruled, because: First. The petition alleges that the deceased was, at the time of his death, above 21 years of age, that he left surviving him neither wife, minor child or minor children, natural born or adopted, the appointment of plaintiff as administrator, and that the deceased lost his life on account of certain specified acts of negligence of defendant. Second. Trial courts have no authority to order distribution of the amount recovered by administrators and…
1Opinion of the CourtFarrington, J.
This action was instituted, in the circuit court of Jasper county by John Q. Johnson, the administrator of the estate of Arthur Johnson, deceased, for damages for the alleged negligent killing of the deceased while in defendant’s employ. Deceased at the time of his death was over the age of twenty-one years, and left no wife, minor child or minor children, natural born or adopted, surviving him. The petition charges that deceased lost his life by reason of the negligent failure of the defendant to furnish him a reasonably safe place in which to do his work. The suit was brought under sections…
Also in this document: Concurrence.
2Cases cited12 opinions
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
- Behen v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lackey v. United Railways Co.Supreme Court of Missouri · 1921
- Smith v. Ozark Water Mills Co.Missouri Court of Appeals · 1922
- Troll v. Laclede Gas Light Co.Missouri Court of Appeals · 1914
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- McCullough v. W. H. Powell Lumber Co.Missouri Court of Appeals · 1919
9 more not listed; retrieve them via the Exa API.