Kirk v. Wabash Railroad Co.
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — lion. A. E. Waller, Judge. . (1) There was no evidence that the decedent left any next of kin, and therefore there could be no recovery. Hegberg v. Railroad, 164 Mo. App. 514; Johnson, Admr., v. Mining Co., 171 Mo. App. 134; Troll v. Gaslight Co., 182 Mo.
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Appeal from Randolph Circuit Court. — lion. A. E. Waller, Judge. . (1) There was no evidence that the decedent left any next of kin, and therefore there could be no recovery. Hegberg v. Railroad, 164 Mo. App. 514; Johnson, Admr., v. Mining Co., 171 Mo. App. 134; Troll v. Gaslight Co., 182 Mo. App. 600. (2) It was incumbent upon the plaintiff to prove that the decedent left' heirs direct or collateral, who would be entitled to the decedent’s real and personal property, under the laws of descent and distribution. It cannot be presumed that a person dying leaves heirs capable of inheriting. It…
1Opinion of the CourtBlair, J.
Respondent instituted this action in the Randolph Circuit Court to recover damages for the *344death of his intestate, Allen Wilcox, who was struck and killed by one of appellant’s trains on a street crossing in the village of Renick, Missouri. There was a verdict for appellant, which the trial court set aside on the ground that it had erred in giving and refusing instructions. This appeal is from that order.
Appellant contends (1) there was no error committed against respondent in the trial, and (2) that there was a total failure of evidence in several respects, and that, on both of these…
2Cases cited1 opinion
- Troll v. Laclede Gas Light Co.Missouri Court of Appeals · 1914
3Cited by8 opinions
- Sullivan v. CarlisleSupreme Court of Missouri · 1993
- Wente v. ShaverSupreme Court of Missouri · 1943
- State Ex Rel. Dew v. TrimbleSupreme Court of Missouri · 1925
- McCullough v. W. H. Powell Lumber Co.Missouri Court of Appeals · 1919
- Lee v. St. Louis Public Service Co.Supreme Court of Missouri · 1935
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