Newlin v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Ron, R, L. Mc-Cwne, Judge. (1) The objection to the introduction of any evidence under the petition should have been sustained, (a) It failed to state either in so many words or facts showing that deceased would have had a cause of action against appellant had he lived. This point was duly raised by special demurrer. Lee v. Railroad, 195 Mo. 415. (b) Plaintiff lived in Kansas; the injury occurred in Kansas.
Read the full summary
Appeal from Jackson Circuit Court. — Ron, R, L. Mc-Cwne, Judge. (1) The objection to the introduction of any evidence under the petition should have been sustained, (a) It failed to state either in so many words or facts showing that deceased would have had a cause of action against appellant had he lived. This point was duly raised by special demurrer. Lee v. Railroad, 195 Mo. 415. (b) Plaintiff lived in Kansas; the injury occurred in Kansas. If there is any cause of action, it is solely by virtue of the statute law of that State. No cause of action accrued to plaintiff- under the common…
1Opinion of the CourtLamm, P. J.
Leroy Newlin was the husband of Tinnie Newlin on August 15, 1905, and for eight months had been in defendant’s employ as a switch-man in its yards in Rosedale, Kansas. Earl and Ruby are minors and the only children born of the marriage. Leroy was killed while in the line of duty switching in said yards in trying to uncouple two moving freight cars — Ms foot being caught and held in an unblocked space between the main rail and a switchrail.
The widow sued in Jackson county, Missouri, charging negligence as follows:
“The death of said Leroy Newlin was directly occasioned by wrongful acts and…
2Cases cited8 opinions
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Lee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- McGinnis v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
- Wells v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Bowen v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State ex rel. Pacific Mutual Life Insurance v. GrimmSupreme Court of Missouri · 1912
- Elliott v. JohnstonSupreme Court of Missouri · 1956
- Connole v. East St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1937
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Keele v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1914
21 more not listed; retrieve them via the Exa API.