Bates v. Sylvester
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. An action by a widow for tbe wrongful killing of ber husband is not an action for injuries to the person of plaintiff, and does not abate by the death of the defendant. Knight y. Lead & Zinc Co., 75 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. An action by a widow for tbe wrongful killing of ber husband is not an action for injuries to the person of plaintiff, and does not abate by the death of the defendant. Knight y. Lead & Zinc Co., 75 Mo. App. 541; McG-owan v. Ore & Steel Co., 109 Mo-. 518-; Stanley v. Bircher, 78 Mo. 245; James v. Christy, 18 Mo. 162; Cregan v. Railroad, 75 N. T. 792, 83 N. T. 595; Behen v. Railroad, 186 Mo. 431; secs. 96 and 97, R. S. 1899. (1) No action lies for the death of a human being except as expressly given by statute. Soeekman v.…
1Opinion of the CourtGantt, J.
The plaintiff brought suit under section 2865', Revised Statutes 18991, for the alleged negligent killing of her husband, Depello Bates, by an employee of James J. Sylvester, by negligently driving a horse and carriage belonging to said defendant over her said husband on or about April 11, 1908. After the suit was filed the cause was dismissed as to the defendant Orissie L. Sylvester and the other defendant, James J. Sylvester, died; his death was suggested to the court and the plaintiff having complied with the statutes, sought to revive the action against *496W. W. Sylvester, the administrator…
2Cases cited21 opinions
- Hegerich v. . KeddieNew York Court of Appeals · 1885
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Vincent v. . NewhouseNew York Court of Appeals · 1881
- Behen v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Strode v. St. Louis Transit Co.Supreme Court of Missouri · 1906
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3Cited by36 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Jason D. Dodson and Jason D. Dodson, Jr., a Minor, and Eva Raine Dodson-Lohse, a Minor, and August William Davis Dodson, a Minor, said Minors appearing by the duly appointed Next Friend Jason D. Dodson, Respondent/Cross-Appellant v. Robert P. Ferrara, M.D., and Mercy Clinic Heart and Vascular, LLC, Appellants/Cross-Respondents.Supreme Court of Missouri · 2016
- State Ex Rel. National Refining Co. v. SeehornSupreme Court of Missouri · 1939
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
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