Bowerman v. Lackawanna Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court.- — Noil Hugh Dabbs, Judge. (1) Plaintiff’s petition does not state any cause -of action, in that it does not show any right in plaintiff to maintain this action or that defendant has failed to comply with the provisions of the statute, this action being founded upon sections 8820 and 8822, Revised Statutes 1899. (2) The statute must be strictly construed.
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Appeal from Jasper Circuit Court.- — Noil Hugh Dabbs, Judge. (1) Plaintiff’s petition does not state any cause -of action, in that it does not show any right in plaintiff to maintain this action or that defendant has failed to comply with the provisions of the statute, this action being founded upon sections 8820 and 8822, Revised Statutes 1899. (2) The statute must be strictly construed. McNamara v. Stevens, 76 Mo. 329; Gibbs v. Hannibal, 82 Mo. 143; Burkes v. Railroad, 91 Mo. 86; Kelley v. St. Louis, 152 Mo. 596; Brown v. Railway, '70 Am. St. Rep. 666. (3) Plaintiff is not entitled to…
1Opinion of the CourtSmith, P. J.
The defendant is an incorporated mining company engaged in operating a lead and zinc mine in this State. The plaintiff is the mother of M. R. Bowerman who was an employee of the defendant and who, while engaged in working for defendant in its mine, received certain injuries from which he died.
This is an action based on sections 8820 and 8822, Revised Statutes. There was a trial which resulted in judgment for plaintiff and defendant appealed.
I. The defendant objects that this action can not be maintained because plaintiff is not one of the class of persons specially named in said section 8820,…
2Cases cited10 opinions
- Supreme Council American Legion of Honor v. PerryMassachusetts Supreme Judicial Court · 1886
- Chicago & North Western Railroad v. SwettIllinois Supreme Court · 1867
- Ballou v. GileWisconsin Supreme Court · 1880
- McCarthy v. Supreme Lodge New England Order of ProtectionMassachusetts Supreme Judicial Court · 1891
- Clay v. Central Railroad & Banking Co.Supreme Court of Georgia · 1890
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3Cited by12 opinions
- Wente v. ShaverSupreme Court of Missouri · 1943
- Wojtylak v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1905
- McCullough v. W. H. Powell Lumber Co.Missouri Court of Appeals · 1919
- Bohrman v. Pennsylvania Railroad Co.New Jersey Superior Court Appellate Division · 1952
- State ex rel. Mutual Benefit, Health & Accident Ass'n v. TrimbleSupreme Court of Missouri · 1934
7 more not listed; retrieve them via the Exa API.