Hickman v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. The case is stated in the opinion. I. The petition shows upon its face that deceased had once been married. Therefore, although he died while a minor, and left neither wife nor children surviving Mm, the father could maintain no action under the statute. Sects. 2121 and 2122, Rev. Stat. ; Barker v. Hann. & St. Jo. Railroad, 85 Mo — ; McNamara v. Staten, 76 Mo. 329. II.
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Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. The case is stated in the opinion. I. The petition shows upon its face that deceased had once been married. Therefore, although he died while a minor, and left neither wife nor children surviving Mm, the father could maintain no action under the statute. Sects. 2121 and 2122, Rev. Stat. ; Barker v. Hann. & St. Jo. Railroad, 85 Mo — ; McNamara v. Staten, 76 Mo. 329. II. Incompetent and irrelevant evidence was admitted, neither establishing negligence nor incompetency by defendant’s servants in the performance of their duties.…
1Opinion of the CourtEllison, J.
Plaintiff brings this actiou for the-death of his minor son alleging himself to be the sole sur- • viving parent. He recovered a judgment for '$2,250.00' and defendant appeals to this court.
The son was a brakeman in defendant’s service, and, at his decease, was eighteen years and three months of age. His death was caused by the severing of a brake-rod while he was engaged in setting a brake. He was-doubtless thrown from the car by the sudden giving way of the rod. It was clearly shown that there was a crack- or flaw in the rod, of near a quarter of an inch in depth,, at the point where the…
Also in this document: Concurrence.
2Cases cited7 opinions
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Potter v. Chicago & North-Western Railway Co.Wisconsin Supreme Court · 1867
- Rains v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1879
- Owen v. BrockschmidtSupreme Court of Missouri · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bond v. United R.R. of S.F.California Supreme Court · 1911
- Howlett v. State Social Security CommissionSupreme Court of Missouri · 1941
- Caen v. FeldSupreme Court of Missouri · 1963
- Kelly v. City of HigginsvilleMissouri Court of Appeals · 1914
- Calcaterra v. IovaldiMissouri Court of Appeals · 1907
10 more not listed; retrieve them via the Exa API.