McGrath v. St. Louis, Kansas City & Colorado Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. The court erred in sustaining the demurrer to the petition, the plaintiffs having filed their petition in the court on the second day of December, 1892, two days before the lapse of a year from the death of their father, had commenced their suit in time, and the statute did not bar them because the clerk neglected to issue the writ of summons until after the lapse of a year.
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Appeal from St. Louis County Circuit Court. The court erred in sustaining the demurrer to the petition, the plaintiffs having filed their petition in the court on the second day of December, 1892, two days before the lapse of a year from the death of their father, had commenced their suit in time, and the statute did not bar them because the clerk neglected to issue the writ of summons until after the lapse of a year. The filing of the petition was the commencement of the suit. South Missouri Lumber Co. v. Wright, 114 Mo. 333, 334. This case was not before the trial judge at the time that he…
1Opinion of the Court
Baeclay, J. —
The only question in this case is, what constitutes the commencement of an action, with reference to the limitation of time for bringing it.
The question arises on these facts:
December 2, 1892, Annie McG-rath was duly appointed nest friend of three minors. On the same *6day, in that capacity, she filed a petition to recover of defendant statutory damages for the killing of their father.
In the petition it is alleged that the father was killed, December 4, 1891, in St. Louis, by an engine and train of the defendant, and that his death resulted from the negligent operation of the…
2Cases cited11 opinions
- Spurlock v. SprouleSupreme Court of Missouri · 1880
- South Missouri Lumber Co. v. WrightSupreme Court of Missouri · 1893
- Herrington v. HerringtonSupreme Court of Missouri · 1858
- Gosline v. ThompsonSupreme Court of Missouri · 1875
- Fenwick v. GillSupreme Court of Missouri · 1866
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Farrell v. Votator Division of Chemetron Corp.Supreme Court of New Jersey · 1973
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Armstrong Cork Co. v. Merchants' Refrigerating Co.Court of Appeals for the Eighth Circuit · 1910
- Maddux v. Gardner and MarbleMissouri Court of Appeals · 1945
- Mound City Co. v. CastlemanCourt of Appeals for the Eighth Circuit · 1911
23 more not listed; retrieve them via the Exa API.