McDaniels v. Royle Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Row. J. D. Perkins, Judge. Section 8820, R. S. 1899: “In case of death a right of action shall accrue to, . . . or to any person or persons who were before such loss of life dependent for support on the person killed, for a like recovery of damages.”
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Appeal from Jasper Circuit Court. — Row. J. D. Perkins, Judge. Section 8820, R. S. 1899: “In case of death a right of action shall accrue to, . . . or to any person or persons who were before such loss of life dependent for support on the person killed, for a like recovery of damages.” (2) Section 8822 provides that the owner, agent or operator of any mine shall keep a sufficient supply of timbers when required, to be used as props'so that workmen may, at all times be able to properly secure said workings from caving in, and it shall be the duty of the owner or agent to send down all such…
1Opinion of the CourtBroaddus, P. J.
— This suit is brought under sections 8820 and 8822, Revised Statutes 1899, for damages for the death of plaintiff’s son, Marvin Mc-DanielSj who' was at the time of his death about twenty years of age and unmarried.
The son was killed while in the employ of defendant as a miner in its mines near Duenwig, in Jasper county. The negligence on which plaintiff seeks to recover was the failure of defendant to furnish a sufficient supply of timbers, when required, to be used as props by the miners so that they might be able to secure the safety of the mine from caving earth; and in ^failing to send…
2Cases cited3 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Winkelman v. Kansas City Electric Light Co.Missouri Court of Appeals · 1905
- Bowerman v. Lackawanna Mining Co.Missouri Court of Appeals · 1903
3Cited by6 opinions
- Royle Mining Co. v. Fidelity & Casualty Co.Missouri Court of Appeals · 1907
- Lively v. American Zinc Co.Tennessee Supreme Court · 1916
- State Ex Rel. Lay v. ClymerCourt of Appeals of Tennessee · 1943
- Stith Coal Co. v. SanfordSupreme Court of Alabama · 1915
- Richelieu v. Union Pacific RailroadNebraska Supreme Court · 1914
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