McNamara v. Slavens
Supreme Court of Missouri
Error to Jackson Special Law and Equity Court.—-Hon. E. E. Cowan, Judge. By dismissing her action, the widow and all others were placed in the same condition that they would have been had no action been brought. Shepard v. St. Louis, Iron Mountain § Southern B’y Co., 3 Mo. App. 550, is not an authority in this case. There the case was dismissed because the plaintiff failed to appear and prosecute.
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Error to Jackson Special Law and Equity Court.—-Hon. E. E. Cowan, Judge. By dismissing her action, the widow and all others were placed in the same condition that they would have been had no action been brought. Shepard v. St. Louis, Iron Mountain § Southern B’y Co., 3 Mo. App. 550, is not an authority in this case. There the case was dismissed because the plaintiff failed to appear and prosecute. She went out of court involuntarily, while in the case at bar the plaintiff went out of court of her own motion. There the wife saw fit to pursue her remedy to its final termination, while here she…
1Opinion of the CourtHenry, J.
This is a suit by which plaintiffs seek to recover $5,000 under sections 2121, 2122 and 2123 of the Eevised Statutes, for the death of their father, occasioned, *330it is alleged, by the negligence of the defendant, of whom he was an employe.
Within six months after their father’s death, their mother, his widow, instituted her suit in the special law and equity court of Jackson county, based upon said sections, upon the same cause of action, and on a trial thereof, after the evidence was closed on both sides, she dismissed said suit, and has since commenced no other suit to recover on said cause…
2Cases cited1 opinion
- Shepard v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1877
3Cited by24 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Jason D. Dodson and Jason D. Dodson, Jr., a Minor, and Eva Raine Dodson-Lohse, a Minor, and August William Davis Dodson, a Minor, said Minors appearing by the duly appointed Next Friend Jason D. Dodson, Respondent/Cross-Appellant v. Robert P. Ferrara, M.D., and Mercy Clinic Heart and Vascular, LLC, Appellants/Cross-Respondents.Supreme Court of Missouri · 2016
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