Walker v. Wabash Railroad
Supreme Court of Missouri
Appeal from Randolph. Circuit Court. — How John A. Hockaday, Judge. (1) The substituted cause of action was barred by the statute on May 5, 1903, at the time the amended petition was filed. Courtney v. Sheehy, 38 Mo. App. 290; Clemens v. Greenwell, 40 Mo. App. 589; Poor v. "Watson, 92 Mo. App. 101; Case v. Cordell, 78 S. W. 62; Bricken v. Cross, 163 Mo. 449; Sec. 2868, R. S. 1899. (2) At the time of this accident Charles L. Walker was sui juris.
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Appeal from Randolph. Circuit Court. — How John A. Hockaday, Judge. (1) The substituted cause of action was barred by the statute on May 5, 1903, at the time the amended petition was filed. Courtney v. Sheehy, 38 Mo. App. 290; Clemens v. Greenwell, 40 Mo. App. 589; Poor v. "Watson, 92 Mo. App. 101; Case v. Cordell, 78 S. W. 62; Bricken v. Cross, 163 Mo. 449; Sec. 2868, R. S. 1899. (2) At the time of this accident Charles L. Walker was sui juris. Payne v. Railroad, 136 Mo. 562. (3) Upon the undisputed facts plaintiff was not entitled to recover upon his own testimony. Henze v. Railroad, 71 Mo.…
1Opinion of the CourtLamm, J.
— Walker, as surviving parent of a minor son, Charles L. Walker, the issue of a first marriage, seeks to recover of respondent on an amended petition *458$5,000, damages for negligently killing his said child at a public road crossing on May 1, 1901, in Randolph county.
A resume of the abandoned petition as well as the trial pleadings will aid in getting at some of the questions presented here.
Sometime in 1902, plaintiff sued for the death of a son named Elbert Walker. Steps were taken by defendant to remove this cause to the United States circuit court. When lodged there, it was by that court…
2Cases cited12 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Herdt v. KoenigMissouri Court of Appeals · 1909
- Maddux v. Gardner and MarbleMissouri Court of Appeals · 1945
- Smith v. Harbison-Walker Refractories Co.Supreme Court of Missouri · 1937
31 more not listed; retrieve them via the Exa API.