McKenzie v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) The petition does not state a cause of action and is insufficient to support the judgment, for that, while it counts upon alleged acts of negligence of the motorman “whilst operating the street car,” under section 2864, Revised Statutes 1899', instead of praying for the penalty provided by that section, its prayer is for compensatory damages, under sections 2865 and 2866, Revised Statutes 1899. Casey…
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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) The petition does not state a cause of action and is insufficient to support the judgment, for that, while it counts upon alleged acts of negligence of the motorman “whilst operating the street car,” under section 2864, Revised Statutes 1899', instead of praying for the penalty provided by that section, its prayer is for compensatory damages, under sections 2865 and 2866, Revised Statutes 1899. Casey v. Railroad, 205 Mo. 721; King v. Railroad, 109 S. W. 859'. (2) The cause of action declared upon being bottomed on…
1Opinion of the CourtGantt, P. J.
This action was brought by the plaintiff to recover statutory damages sustained by her by reason of the killing of her husband through the negligence of the employees of the defendant while running its car on Broadway, a public street of the city of St. Louis, on the evening- of February 11, 1905, while her husband was driving a team and loaded wagon south on Broadway in the city of St. Louis and about number 5200 South Broadway in said city.
The petition alleges that plaintiff was the wife of John McKenzie at the time of his death. That the defendant is and was at the times alleged a…
2Cases cited18 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Garland v. SmithSupreme Court of Missouri · 1901
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State Ex Rel. Alton Railroad Co. v. ShainSupreme Court of Missouri · 1940
- State ex rel. Harvey v. WrightSupreme Court of Missouri · 1913
- Miller v. HaynesMissouri Court of Appeals · 1970
- Thompson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
- Hegberg v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
13 more not listed; retrieve them via the Exa API.