Bagley v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. . (1) The demurrer to the evidence offered at the close of the plaintiff’s case and renewed at the close of the entire case should have been sustained, because the evidence in the case did not warrant a recovery for the reason that the action was brought under Secs. 5426 and 5427, B. S. 1909, which are compensatory statutes and not penal, and the evidence did not show that any surviving relative had…
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. . (1) The demurrer to the evidence offered at the close of the plaintiff’s case and renewed at the close of the entire case should have been sustained, because the evidence in the case did not warrant a recovery for the reason that the action was brought under Secs. 5426 and 5427, B. S. 1909, which are compensatory statutes and not penal, and the evidence did not show that any surviving relative had sustained any pecuniary damage of any kind or character whatsoever. Troll v. Gas Light Co., 182 Mo. App-. 600; Kirk v.…
1Opinion of the Court
*262OPINION.
I
BOND, J.
statement. — This is a suit for ten thousand dollars for the death of Bernard Gleason, on July 7, 1909, alleged to have been caused by the negligence of the defendant, the city of St. Louis, in failing ^ peep Union Avenue in a proper state of repair at the place of the injury.
The plaintiff, John J. Bagley, is the administrator of Bernard Gleason, who died intestate at the age of fifty-one years, and was survived by his mother and four half brothers and sisters, the mother dying before the trial of the suit.
On the day of the injury, January 7, 1909, about one o’clock, Gleason,…
2Cases cited7 opinions
- Chicago & Alton Railroad v. ShannonIllinois Supreme Court · 1867
- Burk v. Arcata & Mad River RailroadCalifornia Supreme Court · 1899
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Rhoads v. Chicago & Alton RailroadIllinois Supreme Court · 1907
- Troll v. Laclede Gas Light Co.Missouri Court of Appeals · 1914
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3Cited by15 opinions
- Domijan v. HarpSupreme Court of Missouri · 1960
- Wente v. ShaverSupreme Court of Missouri · 1943
- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
- Spalding v. RobertsonSupreme Court of Missouri · 1947
- In re the Estate of UravicNew York Surrogate's Court · 1932
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