Buel v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now.. George H. Williams, Judge, (1) The court erred in holding that an unhorn child while alive in the womb of the mother, sustaining injury by the negligence of the employees of the-railroad on which the mother was a passenger, which child was afterwards born and lived after its birth and then died from the injuries so received, was not a “person” within the words and intent of the above-cited statute.
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Appeal from St. Louis City Circuit Court. — Now.. George H. Williams, Judge, (1) The court erred in holding that an unhorn child while alive in the womb of the mother, sustaining injury by the negligence of the employees of the-railroad on which the mother was a passenger, which child was afterwards born and lived after its birth and then died from the injuries so received, was not a “person” within the words and intent of the above-cited statute. (2) By the words and intent of the statute, the penalty applies, not to the date or time of the injury, but to the time of the death. ' If the…
1Opinion of the Court
OPINION.
BOND, J.
statute. (After stating the facts as above).— The statute under which the petition herein wag framed so far as applicatory to its allegations is, to-wit:
*131Purpose statute. injuries to Unborn mght of child *132Right of Parents to sue. *130“Whenever any person . . . shall die from any injury resulting or occasioned by the negligence, unskillfulness or criminal intent of any officer, agent, servant or employee, whilst running, conducting or managing any . . . street, electric . . . car,. . . . the corporation, ... in whose employ such agent, servant, employee, . . . shall be at the time…
2Cases cited4 opinions
- Dietrich v. Inhabitants of NorthamptonMassachusetts Supreme Judicial Court · 1884
- Allaire v. St. Luke's HospitalIllinois Supreme Court · 1900
- Nugent v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Allaire v. St. Luke's HospitalAppellate Court of Illinois · 1898
3Cited by47 opinions
- Woods v. LancetNew York Court of Appeals · 1951
- Verkennes v. CornieaSupreme Court of Minnesota · 1949
- Smith v. BrennanSupreme Court of New Jersey · 1960
- Amann v. FaidyIllinois Supreme Court · 1953
- Mitchell v. CouchCourt of Appeals of Kentucky (pre-1976) · 1955
42 more not listed; retrieve them via the Exa API.