Owen v. Brockschmidt
Supreme Court of Missouri
•Appeal from, St. Louis Circuit Court. I. It was error to admit the testimony of Mrs Owens. Her husband was a party to the suit, and she was clearly incompetent. Her husband' can collect and is entitled-to receive every dollar of this money, and thus his wife is allowed to swear money into his pockets, in defiance of the principle that a “ wife cannot testify for her husband.” II.
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•Appeal from, St. Louis Circuit Court. I. It was error to admit the testimony of Mrs Owens. Her husband was a party to the suit, and she was clearly incompetent. Her husband' can collect and is entitled-to receive every dollar of this money, and thus his wife is allowed to swear money into his pockets, in defiance of the principle that a “ wife cannot testify for her husband.” II. The instruction, that the jury are limited to the actual pecuniary loss of the mother, by being deprived of the services of her child during the period of its minority, should have been given. (Sedg. Bam., 552, and…
1Opinion of the CourtSherwood, Judge
Action in the St. Louis Circuit" Court by "William Owen and Ellen Owen, his wife, against the defendants, Brockschmidt and others, for damages for the killing of the infant son of "Mrs. Owen, formerly Mrs. Halpin, in whose name the suit was brought, but afterwards, upon her intermarriage with her present husband, he was added also as party plaintiff.
The petition in substance alleged, that the killing of the child occurred through the wrongful act, neglect and default of the defendants in causing and permitting a team of horses to be driven upon the sidewalk in front of their mill for the…
2Cases cited2 opinions
- Fugate v. PierceSupreme Court of Missouri · 1872
- Tingley v. CowgillSupreme Court of Missouri · 1871
3Cited by34 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Gray v. McDonaldSupreme Court of Missouri · 1891
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
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