Packard v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hoot. ' J. H. Slover, Judge. (1) Under the terms of the statute, if the widow sues within six months, there being minor children, the one designated and made liable by the statute, she thereby appropriates the cause of action created by the statute, and the minor children are thereafter barred and estopped from suing upon or appropriating the same cause of action, and it is within the power of the widow to settle, compromise’ or dismiss…
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Appeal from Jackson Circuit Court. — Hoot. ' J. H. Slover, Judge. (1) Under the terms of the statute, if the widow sues within six months, there being minor children, the one designated and made liable by the statute, she thereby appropriates the cause of action created by the statute, and the minor children are thereafter barred and estopped from suing upon or appropriating the same cause of action, and it is within the power of the widow to settle, compromise’ or dismiss her suit and the minor children should not complain of their mother’s conduct. (2) But, if within the time specified in…
1Opinion of the CourtGantt, P. J.
The appellants in this case are the minor children of James I. Packard, and Sarah Packard, his wife. The father, James I. Packard, on and prior to February 9, 1898, was in the employ of the Chicago, Rock Island and Pacific Railway Company, hereafter called the Rock Island Company, as a freight switchman and brakeman in Kansas City. His duties, in this employment, as alleged in the plaintiffs’ petition, were to work on the top of freight cars, setting brakes, coupling and cutting out cars, and generally to perform the duties of a switchman in handling the' local freight business of the Rock…
2Cases cited7 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Coover v. Moore & WalkerSupreme Court of Missouri · 1862
- Hamilton v. Hannibal & St. Joseph RailroadSupreme Court of Kansas · 1888
- Hayes v. WilliamsSupreme Court of Colorado · 1892
- McNamara v. SlavensSupreme Court of Missouri · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Frazee v. PartneySupreme Court of Missouri · 1958
- Demattei v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
16 more not listed; retrieve them via the Exa API.