Ellis v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Error to Jackson Special Law and Equity Court. For injuries to the wife, two causes of action accrue, one to the wife, for personal injuries and physical suffering that she has sustained, and the other to her husband, for expenses and loss of services incurred by reason of the injuries. In the former the husband is joined, as a nominal party only, if living.
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Error to Jackson Special Law and Equity Court. For injuries to the wife, two causes of action accrue, one to the wife, for personal injuries and physical suffering that she has sustained, and the other to her husband, for expenses and loss of services incurred by reason of the injuries. In the former the husband is joined, as a nominal party only, if living. (Smith vs. City of St. Joseph, 55 Mo. 456.) On the death of the husband, the cause of action in favor of the wife survives to her. (Johnson vs. Dickens, 25 Mo. 583.) This is an action for damages arising from injuries to the health of…
1Opinion of the CourtNorton, Judge
This was an action brought by plaintiff in the special law and equity court of Jackson county, to recover damages for a nuisance. It is alleged in the petition that the plaintiff and her husband and their children were living in a certain house in Platte county, of which her husband had the possession, situated about forty yards from the railroad track of defendant; that during their occupancy of said house the defendant, by their locomotive, ran against and killed a horse, directly opposite the house occupied by plaintiff, and permitted the same to remain on the side of their railroad track…
2Cases cited3 opinions
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Kearney v. FarrellSupreme Court of Connecticut · 1859
- Johnson v. DickenSupreme Court of Missouri · 1857
3Cited by23 opinions
- United States Smelting Co. v. SisamCourt of Appeals for the Eighth Circuit · 1911
- Oklahoma City v. EylarSupreme Court of Oklahoma · 1936
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Millett v. Minnesota Crushed Stone Co.Supreme Court of Minnesota · 1920
- Fuchs v. Curran Carbonizing and Engineering Co.Missouri Court of Appeals · 1955
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