Legal Opinion

Marshall v. Consolidated Jack Mines Co.

Missouri Court of Appeals

Decided March 2, 1908PublishedCited by 3 opinions

Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. In this statutory action the person suing must bring himself within the statutory requirements neces-' sary to confer the right of action, and this must appear in the petition, otherwise it will show no cause of action. Barker v. Railroad, 91 Mo. 86; Dulaney v. Railway, 21 Mo. App. 597; Sparks v. Railway, 31 Mo. App.

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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. In this statutory action the person suing must bring himself within the statutory requirements neces-' sary to confer the right of action, and this must appear in the petition, otherwise it will show no cause of action. Barker v. Railroad, 91 Mo. 86; Dulaney v. Railway, 21 Mo. App. 597; Sparks v. Railway, 31 Mo. App. Ill; McIntosh v. Railway, 103 Mo. 131. (1) Under our statute marriage is a civil contract to which the consent of the parties capable in law of contracting is essential. R. S. 1899, sec. 4311. (2) Under the statute a…

1Opinion of the CourtBroaddus, P. J.

This action is to recover damages for the death of plaintiff’s son, alleged to have been the result of defendant’s negligence. The petition among othér allegations states that the plaintiff is the father and surviving parent of the deceased; and that deceased was a minor sixteen years of age, unmarried and without issue at the time of his death. There was no evidence that the deceased was unmarried and childless at the time of his death, but it was shown that he was sixteen years and four months old at that time. Under this state of the evidence the court was asked to instruct the jury to…

2Cases cited3 opinions

  1. Baird v. Citizens' Railway Co.Supreme Court of Missouri · 1898
  2. Dulaney v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1886
  3. Bellamy v. WhitsellMissouri Court of Appeals · 1907

3Cited by3 opinions

  1. Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
  2. Dudley v. Wabash RailroadMissouri Court of Appeals · 1912
  3. Gray v. Hammond Lumber Co.Oregon Supreme Court · 1924

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