O'Hara v. Lamb Construction Co.
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County.— Hon. G. A. Wurdeman, Judge. (1) Plaintiff’s petition wholly fails to state a cause of action. It does not aver any damages as having been sustained by the plaintiff, nor does it disclose the names of those for whom the' plaintiff sues as trustee, neither does it aver that it was filed within the statutory period. Abstract, pp. 2-5; Marques v. Koch & Kost, 176 Mo. App. 154; Troll v. Gas Light Co., 182 Mo.
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Appeal from the Circuit Court of St. Louis County.— Hon. G. A. Wurdeman, Judge. (1) Plaintiff’s petition wholly fails to state a cause of action. It does not aver any damages as having been sustained by the plaintiff, nor does it disclose the names of those for whom the' plaintiff sues as trustee, neither does it aver that it was filed within the statutory period. Abstract, pp. 2-5; Marques v. Koch & Kost, 176 Mo. App. 154; Troll v. Gas Light Co., 182 Mo. App. 600; Chandler v. Railroad, 251 Mo. 600; Barker v. Railway Co.., 91 Mo. 86; Smelser v. Railroad, 262 Mo. 25; Boyd v. Railroad, 155 S.…
1Opinion of the CourtAllen, J.
— This is an action prosecuted under sections 5426 and 5427, Revised Statutes 1909, by the widow of Michael O’Hara, deceased, to recover damages for the death of said Michael O’Hara alleged to have been caused by the negligence of the defendant corporation. The cause has been twice tried below, and this is its second appearance in this court. The first trial resulted in a judgment in plaintiff’s favor, in the sum of $5000, which was set aside by the trial court. Upon plaintiff’s appeal that ruling was affirmed by this court (see opinion of Reyitolds, P. J., in O’Hara v. Lamb Construction…
2Cases cited11 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- Sotebier v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Hartpence v. RogersSupreme Court of Missouri · 1898
- King v. City of St. LouisSupreme Court of Missouri · 1913
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3Cited by9 opinions
- Fellows v. FarmerMissouri Court of Appeals · 1964
- Marden v. RadfordMissouri Court of Appeals · 1935
- Goldschmidt v. Pevely Dairy Co.Supreme Court of Missouri · 1937
- Hepp v. AderIdaho Supreme Court · 1942
- Acton v. ShieldsSupreme Court of Missouri · 1965
4 more not listed; retrieve them via the Exa API.