Marshall v. Consolidated Jack Mines Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The court committed error in instructing the jury to allow the plaintiff compensation “for the loss of the comfort and society of his son.” Leahy v. Davis, 121 Mo. 227; Parsons v. Railroad, 94 Mo. 298; Haines v. Pearson, 107 Mo. App. 485; Knight v. Sadtler L. & Z. Co., 75 Mo. App. 550; Railroad v. Barker, 33 Ark. 350, 34 Am.
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Appeal from the Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The court committed error in instructing the jury to allow the plaintiff compensation “for the loss of the comfort and society of his son.” Leahy v. Davis, 121 Mo. 227; Parsons v. Railroad, 94 Mo. 298; Haines v. Pearson, 107 Mo. App. 485; Knight v. Sadtler L. & Z. Co., 75 Mo. App. 550; Railroad v. Barker, 33 Ark. 350, 34 Am. Rep. 44; Wales v. Motor Co., 130 Cal. 521, 62 Pac. 932; Pepper v. Railroad, 105 Cal. 401, 38 Pac. 977; Potter v. Railroad, 2l Wis. 372, 94 Am. Dec. 548; Railroad v. Warner, 84 Tex. 122, 19 S. W. 449, 20…
1Opinion of the CourtEllison, J.
The plaintiff’s minor son was killed while in the employ of the defendant. His death was charged to have been caused by the negligence of defendant in operating its mine in Jasper county and plaintiff brought his action under sections 2865 and 2866, Revised Statutes 1889, for damages. He recovered judgment in the trial court. The instructions authorized the jury to include as a part of plaintiff’s damages his “loss of the comfort and society” of his son. The statute aforesaid governing the measure of damages in cases like this reads as follows: “All damages accruing under the last preceding…
2Cases cited16 opinions
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Morgan v. DurfeeSupreme Court of Missouri · 1879
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- St. Louis Southwestern Railway Co. v. PenningtonSupreme Court of Arkansas · 1977
- Stout v. K. C. Terminal Railway Co.Missouri Court of Appeals · 1913
- Acton v. ShieldsSupreme Court of Missouri · 1965
- Kelly v. City of HigginsvilleMissouri Court of Appeals · 1914
- Calcaterra v. IovaldiMissouri Court of Appeals · 1907
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