Philes v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Clover, Judge. (1) There was no substantial evidence to sustain a verdict for the plaintiffs. Powell v. Railroad, 76 Mo. 80; Commissioner v. Clark, 94 U. S. 284; Bank v. Bank; 10 Wall. 639; Jackson v. Hardin, 83 Mo. 175; Avery v. Fitzgerald, 94 Mo. 207; Long y. Moon, 107 Mo. 338; Moore v. Railroad, 28 Mo. App. 622; Peck v. Railroad, 31 Mo. App. 123; Znrflnh v. Railroad, 46 Mo. App. 636; Peffer y. Railroad, 98 M'o.
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Appeal from Jackson Circuit Court. — Hon. James H. Clover, Judge. (1) There was no substantial evidence to sustain a verdict for the plaintiffs. Powell v. Railroad, 76 Mo. 80; Commissioner v. Clark, 94 U. S. 284; Bank v. Bank; 10 Wall. 639; Jackson v. Hardin, 83 Mo. 175; Avery v. Fitzgerald, 94 Mo. 207; Long y. Moon, 107 Mo. 338; Moore v. Railroad, 28 Mo. App. 622; Peck v. Railroad, 31 Mo. App. 123; Znrflnh v. Railroad, 46 Mo. App. 636; Peffer y. Railroad, 98 M'o. App. 291; Railroad v. Shir-tle, 97 Pa. St. 450. (2) The evidence shows the grossest kind of negligence on the part of the…
1Opinion of the CourtBroaddus, P. J.
This is a suit, by the next of kin of Anastasion Philes to recover under the Kansas statute, for his death, which occurred by reason of alleged negligence on defendant’s line of railroad near Gypsum City, Kansas, on the 11th of July, 1905.
It was shown that deceased had no wife nor children and evidence was introduced to show that plaintiffs were his next of kin.
*565The action was based upon section 4871, General Statutes of Kansas of 1901. It is as follows:
“When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action…
2Cases cited5 opinions
- Philpott v. Missouri Pacific RailroadSupreme Court of Missouri · 1884
- Romano v. Capital City Brick & Pipe Co.Supreme Court of Iowa · 1904
- Vetaloro v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1900
- Gaska v. American Car & Foundry Co.Missouri Court of Appeals · 1907
- St. Louis & San Francisco Railroad v. LittleSupreme Court of Kansas · 1907
3Cited by3 opinions
- Glasgow v. City of St. JosephSupreme Court of Missouri · 1944
- Husted v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
- McGinness v. Kansas City Western Railway Co.Missouri Court of Appeals · 1916