Barker v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. J. P„ (xrubb, Judge. The petition does not state facts sufficient to constitute a cause of action. The deceased was killed April 15, 1879, and the suit was begun April 9, 1880. The' right of action under the statute (R. tí., sec. 2121) only remains in tlie wife absolutely for six months and if she fails to sue within that time, then the suit is to be brought by the minor child or children of the deceased.
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Appeal from Buchanan Circuit Court. — Hon. J. P„ (xrubb, Judge. The petition does not state facts sufficient to constitute a cause of action. The deceased was killed April 15, 1879, and the suit was begun April 9, 1880. The' right of action under the statute (R. tí., sec. 2121) only remains in tlie wife absolutely for six months and if she fails to sue within that time, then the suit is to be brought by the minor child or children of the deceased. Here she does not sue ‘ ‘ within, six months after such death,” so that her right to sue after the expiration of six months after such death is…
1Opinion of the CourtRay, J.
The petition on which this cause was tried is as follows: “Plaintiff states that upon the —-day of --, she was lawfully married to Edward B. Barker, deceased, late of Buchanan county, ánd at the times hereinafter mentioned she was the wife and is now the widow of said deceased, Edward B. Barker.
‘ ‘ Plaintiff states that defendant now is, and at the times hereinafter mentioned was, a corporation duly organized and existing under and by virtue of the laws of the state of Missouri, and that it then was and still is engaged in running its steam locomotives, its cars and trains of cars, for the…
2Cases cited2 opinions
- Coover v. Moore & WalkerSupreme Court of Missouri · 1862
- McNamara v. SlavensSupreme Court of Missouri · 1882
3Cited by86 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Sanders v. AhmedSupreme Court of Missouri · 2012
- Duval v. HuntSupreme Court of Florida · 1894
- Wentz v. Price Candy Co.Supreme Court of Missouri · 1943
- Frazee v. PartneySupreme Court of Missouri · 1958
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