Rochester v. Wells, Fargo & Co.

*165The opinion of the court was delivered by

West, J.:

Sections 2865 and 2866 of the Revised! Statutes of Missouri of 1899 were as follows:

“Whenever the death of a person shall be caused by a wrongful act, neglect or default of another, and the act, neglect or default is such as would, if death had. not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the…