Elliott v. Kansas City
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — How. Samuel Davis, Judge. (1) The action for wrongful death given by our (statute is not a new cause of action. The act continues or transmits to the persons therein named the same action which the party whose death is occasioned would have had had he lived.
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Appeal from Lafayette Circuit Court. — How. Samuel Davis, Judge. (1) The action for wrongful death given by our (statute is not a new cause of action. The act continues or transmits to the persons therein named the same action which the party whose death is occasioned would have had had he lived. Proctor v. Railroad, 64 Mo. 119; White v. Maxey, 65 Mo. 558; Gray v. McDonald, 104 Mo. 311; Miller v. Railroad, 109 Mo. 360; Hennessy v. Brewing Co., 145 Mo. 112; Matz v. Railroad, 85 Fed. 180; Strode v. Railroad, 197 Mo. 625; Bellamy v. Whitsell, 123 Mo. Atvp. 610. (2) The claim of Mrs. Elliott for…
1Opinion of the Court
BUEGESS, J. —
This is an appeal" from a judgment holding that an action for personal injuries does not survive plaintiff’s death.
Plaintiff Mollie Elliott,- a married woman, on September 15, 1898, brought action in the circuit court of Jackson county against the defendant for damages for personal injuries caused by a fall on a defective sidewalk in defendant city, the trial resulting in a judgment for $500. in her favor. The plaintiff brought this judgment on a writ of error to this court, where it was reversed and the cause remanded. [174 Mo. 554.] On June 9, 1903, an amended petition was…
2Cases cited7 opinions
- Womach v. City of St. JosephSupreme Court of Missouri · 1907
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Stanley v. Bircher'sSupreme Court of Missouri · 1883
- Elliott v. Kansas CitySupreme Court of Missouri · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rogers v. RogersSupreme Court of Missouri · 1915
- State Ex Rel. National Refining Co. v. SeehornSupreme Court of Missouri · 1939
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Showen v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
8 more not listed; retrieve them via the Exa API.