Blair v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from JacJcson Circuit Court. — Hon. F. M. Black, Judge. (1) The motion to strike out should have been sustained. Plaintiff was not entitled to ground any part of his right to recover upon a claim for loss of profits in his millinery business resulting from the inability of his wife to attend to the same on account of her injuries. The petition alleges a contract of carriage between defendant and Mary J. Blair.
Read the full summary
Appeal from JacJcson Circuit Court. — Hon. F. M. Black, Judge. (1) The motion to strike out should have been sustained. Plaintiff was not entitled to ground any part of his right to recover upon a claim for loss of profits in his millinery business resulting from the inability of his wife to attend to the same on account of her injuries. The petition alleges a contract of carriage between defendant and Mary J. Blair. For a breach of that contract, or for a tort growing out of that contract, she alone has the right to recover for loss of her time from her employment. Her husband is not…
1Opinion of the CourtSherwood, J.
The plaintiff brings this action for damages resulting to him by reason of injuries to his wife, in .consequence of a railroad accident, she being a passenger on defendant’s cars, by reason of which he lost her services as milliner in conducting his millinery store, was compelled to occupy all his time in nursing and caring for her in her sickness induced by such injuries, and was compelled to pay out large sums of money for medicines, medical attendance, and for the employment of nurses for his wife while suffering from such injuries. The accident in question is the same mentioned in Blair…
2Cases cited9 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Fraser v. JennisonMichigan Supreme Court · 1879
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Fuller v. Naugatuck RailroadSupreme Court of Connecticut · 1852
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Stout v. K. C. Terminal Railway Co.Missouri Court of Appeals · 1913
11 more not listed; retrieve them via the Exa API.