Blair v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Jaclcson Circuit 'Court. — Hon. F. M„ Black Jutjo-e. (1) The court erred in setting aside the release. The right of action for the injuries received was Mrs. Blair’s separate property. Being her separate property she had the jus disponendi the same as though she were sole, and hence it was unnecessary for her husband to join in the release. He is obliged to be joined in a suit simply to conform to the requirements of the statute.
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Appeal from Jaclcson Circuit 'Court. — Hon. F. M„ Black Jutjo-e. (1) The court erred in setting aside the release. The right of action for the injuries received was Mrs. Blair’s separate property. Being her separate property she had the jus disponendi the same as though she were sole, and hence it was unnecessary for her husband to join in the release. He is obliged to be joined in a suit simply to conform to the requirements of the statute. Aside from the presumption of sanity which the law makes, it appeared from the clear preponderance of the evidence that she was perfectly compos mentis…
1Opinion of the CourtSherwood, J.
Action for personal injuries suffered by Mrs. Blair in consequence of the car, on which she was a passenger, colliding with another car of defendant, carelessly left standing on a side track.
The petition contains two counts, the first seeking to have cancelled and held for naught a certain release ex-entad by the wife, as follows:
“Mexico, Mo., Sept. 24, 1879.
“Received of the Chicago & Alton Railroad company the sum of thirty dollars, in full settlement and satisfaction for all damages by me sustained by reason of personal injuries, loss of time, and expense, and every other damage resulting…
2Cases cited21 opinions
- Pierson v. . the PeopleNew York Court of Appeals · 1880
- Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
- Pomeroy v. BentonSupreme Court of Missouri · 1874
- Leabo v. GoodeSupreme Court of Missouri · 1877
- Grand Rapids & Indiana R. R. v. MartinMichigan Supreme Court · 1879
16 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Leete v. State Bank of St. LouisSupreme Court of Missouri · 1893
- Christine M. Grunewald, Individually and as of the Will of Henry W. Grunewald, Deceased v. Missouri Pacific Railroad Company, a Missouri CorporationCourt of Appeals for the Eighth Circuit · 1964
- State v. WearSupreme Court of Missouri · 1898
48 more not listed; retrieve them via the Exa API.