Baird v. Citizens' Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withbow, Judge. (1) Plaintiff’s right of recovery rests primarily and solely upon the cause of action, if any, granted under section 4425 of the Revised Statutes of Missouri, 1889, the provision of which that is applicable to this case, being, “if such deceased being a minor and unmarried,” and there was no averment in the petition that the deceased was “unmarried,” nor was there any evidence at the trial in that…
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withbow, Judge. (1) Plaintiff’s right of recovery rests primarily and solely upon the cause of action, if any, granted under section 4425 of the Revised Statutes of Missouri, 1889, the provision of which that is applicable to this case, being, “if such deceased being a minor and unmarried,” and there was no averment in the petition that the deceased was “unmarried,” nor was there any evidence at the trial in that regard. Therefore there was a total failure to allege or to prove a cause of action, or right of recovery. Proctor v.…
1Opinion of the CourtBurgess, J.
This is an action instituted by plaintiff, the mother of Harry Baird, a minor, for the recovery of $5,000 damages under the provisions of section 4425 (Revised Statutes 1889) for his death, occasioned, as she alleges, by the negligence of defendant.
The petition alleges that plaintiff is a widow, and the mother of Harry Baird who died on the thirty-first day of’May, 1893, then aged six years, but it does not allege that he was unmarried.
The acts of negligence are alleged to be that defendant “in failing to sound the gong, or warning signal, as is required by proper and prudent management, and…
2Cases cited9 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Tabler v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Heinzle v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Crain v. Webster Electric CooperativeMissouri Court of Appeals · 1978
- Tecker v. Seattle, Renton & Southern Railway Co.Washington Supreme Court · 1910
- Hollweg v. Bell Telephone Co.Supreme Court of Missouri · 1906
21 more not listed; retrieve them via the Exa API.